Beginning of the twenty-seventh Regular Session of the Legislature of Florida, under the Constitution of A. D.
1885 begun and held at the Capitol in the City of Tallahassee, the State of Florida, on Tuesday, April 4, 1939, being
the day fixed by the Constitution for the meeting of the Legislature.

The House was called to order at twelve (12:00) o'clock noon by J. A. Cawthon, Chief Clerk of the House of Rep-
resentatives. The certified list of the Secretary of State of the members elected to the House of Representatives, the
Florida Legislature for the session of 1939 was called as follows:

Thereupon Mr. John S. Burks was declared the duly elected
Speaker Pro Tempore of the House of Representatives.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Elbert L. Stewart of Hendry moved that a committee
of three be appointed to escort the Speaker Pro Tempore to
the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Stewart of
Hendry, Butt of Brevard, and Stokes of Bay who escorted the
Speaker Pro Tempore to the rostrum where he received the
oath of office administered by Mr. Justice Buford of the Su-
preme Court.
Whereupon the Speaker Pro Tempore made a brief talk of
appreciation for the election.
Mr. William J. Ray of Manatee nominated Ben H. Fuqua
for Chief Clerk of the House of Representatives.
Mr. A. P. Drummond moved that the nominations be closed.
Which was agreed to and the nominations were declared
closed.
Upon call of the roll on election of Chief Clerk for the House
of Representatives the vote was for Ben H. Fuqua:
Yeas-Mr. Speaker: Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Bur-
well, Butt, Christie, Clement, Collins, Cooley, Cook, Crary,
Dekle, Dishong, Douglas, Drummond, Dukes, Farabee, Fearn-
side, Finch, Folks, Frank, Fraser, Fuller, Getzen, Gillespie,
Griner, Harrell (Duval), Harrell (Hamilton), Harrell (Indian
River), Harris, Henderson, Hodges, Holsberry, Holt, Howze,
Inman, Jenkins, Johnson (Gadsden), Johnson (Hernando),
Lanier, Leaird, Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis
(Levy), Lindsey, Malone, Marchant, Martin (Hillsborough),
Martin (Polk), Moore, Morrow, McCall, McCarty, McLeod,
Niblack, Outman, Overstreet, Papy, Peeples, Pickels, Platt, Ray,
Robinson, Scales, Scofield, Shave, Sheldon, Sikes, Simpson,
Sinclair, Slappey, Smith, Stewart, Stokes, Strayhorn, Sudduth,
Surrency, Tomasello, Turner, Versaggi, Warren, West, White-
hurst, Wotitzky.-95.
Nays-None.
Thereupon Ben H. Fuqua was declared duly elected Chief
Clerk of the House of Representatives and was administered
the oath of office by Mr. Justice Buford of the Supreme Court.
A committee from the Senate composed of Senators Hodges,
Whitaker and Parrish appeared at the bar of the House of
Representatives and informed the House that the Senate was
organized and ready to transact business.
Mr. Collins of Leon moved that a committee of three be ap-
pointed to inform the Senate that the House was organized
and ready to transact business.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Collins of Leon,
Outman of Pinellas and Overstreet of Dade as a committee
to notify the Senate that the House of Representatives was
organized and ready for business.
After a brief absence the committee returned and reported
they had performed the duty assigned them and were there-
upon discharged.
Mr. Harrell of Hamilton moved that a committee of three
be appointed to wait upon His Excellency the Governor and
notify him that the House was organized and ready to transact
business.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Harrell of Ham-
ilton, Robinson of Lake, and Martin of Polk who retired from
the Chamber and after a brief absence the committee re-
turned and reported that they had performed the duty as-
signed them and were thereupon discharged.
The following message from the Governor was received and
read:
State of Florida
Executive Department
Tallahassee
April 4, 1939
Honorable G. Pierce Wood, Speaker
House of Representatives
Tallahassee, Florida.
Dear Mr. Wood:
I desire to address your Honorable Body in joint session with
the Senate this afternoon, April 4th, at three o'clock.
Cordially yours,

FRED P. CONE,
Governor.

3

INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Lewis of Gulf-
House Resolution No. 1.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That the rules of procedure of the 1937 session of the
Florida Legislature shall govern this body until the Committee
on Rules shall be organized and report and such report shall
be adopted.
Which was read.
Mr. Lewis of Gulf moved the adoption of the House Resolu-
tion No. 1.
Which was agreed to.
And the resolution was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 2.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION ASSEM-
BLED:
1.That the following be elected as attaches of the House of
Representatives for the 1939 session:
Assistant Chief Clerk, Emma Sechrest Smith.
Sergeant-at-Arms, Nathan Jones.
Bill Clerk, Mrs. W. R. Dorman.
Reading Clerk, H. L. Edwards, George McRory.
Engrossing Clerk, Ed S. Winburn.
Enrolling Clerk, Mrs. Annie Bond Connell.
Messenger, Sidney McLeod.
Doorkeeper, Gus McClellan.
Doorkeeper, Ollie Joyner.
Chaplain, Edwin Harwell.
Janitor, Leonard Smith.
Page, O'Neal Levy.
Page, Mary Francis Scott.
Page, Jackie Morrison.
Page, Billy Ebersole.
Page, Douglas Hazen.
Page, Jim Sledge.
Page, Charles Woods,
Page, Henry G. Hart.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 2 was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 3.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That the Speaker of the House of Representatives appoint
an Assistant Bill Clerk, five Assistant Sergeant-at-Arms, a Sec-
retary, a Journal Clerk and two Assistant Journal Clerks, and
Assistant Janitor, a Superintendent of Stenographers, an As-
sistant Enrolling Clerk and a Bill Binder, who shall also be
messenger in the stenographers' room.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 3 was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 4.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That not to exceed twenty-five hundred (2,500) copies of
the Daily Journal, and not to exceed three hundred (300)
copies of the Daily Calendar be ordered printed each day.
Which was read:
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 4 was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 5.
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:

1. That the Chief Clerk of this House be instructed to con-
tinue the preparation, editing and printing of the House rec-

April 4, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE]

words in the same manner and form as those records have
been prepared, edited and printed during the previous sessions
of the legislature subject to the directions of this house.
2. That a copy of this resolution be transmitted to the State
Board of Commissioners and that it be spread upon the journal
of this house.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 5 was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 6:
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That no Bills or Resolutions except those affecting organ-
ization of the House shall be introduced until standing com-
mittees be appointed and organized and the Chairman thereof
announce they are ready to transact business.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 6 was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 7:
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That the Secretary of State shall furnish to the Sergeant-
at-Arms of the House of Representatives for use of the Repre-
sentatives, upon a requisition to be signed by the Sergeant-at-
Arms, such of the Statutes, general and special, when requested
by the Representatives. Each Representative at the time of re-
ceiving any of said books shall sign a receipt to the Sergeant-at-
Arms and shall by the end of the session return said books so
received to the Sergeant-at-Arms to be in turn by the Sergeant-
at-Arms returned to the Secretary of State.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 7 was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 8:
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That each member of this House be allowed to mail, not
to exceed twenty (20) copies, of the Journal of this House.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 8 was adopted.
By Mr. Lewis of Gulf-
House Resolution No. 9:
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That the Speaker be and he is hereby authorized and
directed to instruct the Sergeant-at-Arms of this House, upon
the approval of the Legislative Expense Committee, to pro-
cure from time to time during the 1939 session of this House,
stamps for the use of memb of members of this House in transacting
official business.
BE IT FURTHER RESOLVED, That the Sergeant-at-Arms
be authorized and directed to dispense to the members of this
House, such stamps as each member may require; provided,
that no member shall be given more than twenty (20) stamps
per day.
BE IT FURTHER RESOLVED, That such stamps be used
by the members of this House upon official business of the
House only, or for the purpose of communicating with con-
stituents upon matters of legislation, pending before the House
or contemplated by members of the House for introduction.

BE IT FURTHER RESOLVED, That the Sergeant-at-Arms
be directed to furnish to the members of this House all sta-
tionery and all other necessary supplies for the use of the
members of this House, such supplies to be procured upon the
approval of the Legislative Expense Committee.
Which was read.

E OF REPRESENTATIVES April 4, 1939

Mr. Lewis of Gulf moved the adoption of the resolution.
Pending the adoption thereof.
Mr. Martin of Hillsborough offered the following amendment
to House Resolution No. 9:
In Section 1, line 9 (typewritten bill), strike out the word
twenty and figure 20 and insert the following: the word fifty
and the figure 50.
Mr. Martin of Hillsborough moved the adoption of the
amendment.
Mr. Lewis of Gulf moved the amendment be laid on the table.
A roll call was demanded on the motion to lay the amend-
ment on the table.
Upon call of the roll on the motion to lay the amendment
on the table, the vote was:
Yeas-Mr. Speaker; Messrs. Burks, Butt, Christie, Collins,
Cooley, Crary, Dekle, Dishong, Drummond, Farabee, Finch,
Folks, Frank, Fraser, Harrell (Hamilton), Hodges, Holsberry,
Howze, Johnson (Gadsden), Johnson (Hernando), Lanier,
Leedy, Lehman, Leonardy, Lewis (Gulf), Malone, Martin
(Polk), McCall, McCarty, Peeples, Pickels, Platt, Ray, Robin-
son, Scales, Shave, Sikes, Simpson, Slappey, Strayhorn, Sud-
duth, Surrency, Wotitzky.-44.
Nays-Adams, Allen, Ange, Ayers, Beasley, Beck, Becton,
Berry, Boatwright, Bruns, Burwell, Clement, Cook, Douglas,
Dukes, Fearnside, Fuller, Getzen, Gillespie, Griner, Harrell
(Duval), Harrell (Indian River), Harris, Henderson, Holt, In-
man, Jenkins, Leaird, Lewis (Levy), Lindsey, Marchant, Mar-
tin (Hillsborough), Moore, Morrow, McLeod, Niblack, Out-
man, Overstreet, Papy, Scofield, Sheldon, Sinclair, Smith,
Stewart, Stokes, Tomasello, Turner, Versaggi, Warren, West,
Whitehurst.-51.
The amendment was not laid on the table.
The question recurred on the adoption of the amendment.
Pending adoption thereof:
Mr. Lewis of Gulf offered the following substitute amend-
ment to House Resolution No. 9:
In Section 1, line 9 (typewritten bill), strike out the words
and figures twenty (20) and insert the following: thirty-five
(35).
Mr. Lewis of Gulf moved the adoption of the substitute
amendment.
Which was agreed to.
The substitute amendment was adopted.
The question recurred on the adoption of House Resolution
No. 9 as amended.
Which was agreed to.
And House Resolution No. 9 as amended was adopted and
ordered certified to the Engrossing Room.
By Mr. Lewis of Gulf-
House Resolution No. 10:
WHEREAS, It is essential to the public welfare that most
widespread publicity be given expeditiously to the proceedings
of and happenings in the Legislature, and to that end this
Legislature shoIld follow the same practice that was observed
in the Legislature of 1937 with reference to the accommoda-
tion of the Representatives of the Press;
THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES IN SESSION ASSEMBLED:
1. That the Speaker of the House and the Chief Clerk, Bill
Clerk, Sergeant-at-Arms and other attaches of the House
of Representatives be authorized and directed to provide and
carry out substantially the same provisions for the accommo-
dation of Representatives of the Press at this session as were
in force at the 1937 session, including the same access to copies
of bills as was given at the 1937 session of the Legislature to
Press Representatives.
Which was read.
Mr. Lewis of Gulf moved the adoption of the Resolution.
Which was agreed to.
And House Resolution No. 10 was' adopted.
Mr. Inman of Bradford moved that a committee of three
be appointed to escort Mrs. Hortense K. Wells, National Demo-
cratic Committeewoman from State of Florida, to the Rostrum.
Which was agreed to.
Thereupon, the Speaker appointed Messrs. Inman, Jenkins
and Outman as the committee who escorted Mrs. Wells to

the Rostrum, where she was introduced to the membership of
the House by the Speaker.
By Mr. Lewis of Gulf-
House Resolution No. 11:
WHEREAS, Section 104 of the Revised General Statutes of
Florida provides for the employment by the House of Repre-

sentatives of an experienced Indexer, acting in conjunction
with a similar Clerk from the Senate, to compile and make
the index of the Journal of the House of Representatives; and
WHEREAS, the Chief Clerk is charged with the responsi-
bility of supervision of the said work of indexing the Journal;
THEREFORE, BE IT RESOLVED BY THE HOUSE OF
REPRESENTATIVES OF THE STATE OF FLORIDA IN
SESSION ASSEMBLED;
1. In the interest of economy and efficiency in carrying out
said work that the Speaker is hereby authorized to employ an
experienced Indexing Clerk, who shall be known as the House
Journal Indexing Clerk, to do the work outlined in Section
104 of the Revised General Statutes, and also one Special
Assistant to assist in such work as he may direct, which said
Clerks shall receive the same compensation and remuneration
as other Clerks of the House.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 11 was adopted.
Mr. Christie in Chair.
By Mr. Lewis of Gulf-
House Resolution No. 12:
WHEREAS, on the 1lth day of January; 1939, the Honor-
able G. Pierce Wood, Speaker-Designate of the 1939 Florida
House of Representatives, did appoint an un-official commit-
tee of the House of Representatives known as the BUILDING
COMMITTEE OF THE 1939 FLORIDA HOUSE OF REPRE-
SENTATIVES, the objective of such committee being to make
provision for the completion of the second story of the north
wing of the State Capitol, prior to the convening of the next
biennial session of the State Legislature, and said committee
being composed of Messrs. Collins of Leon, Chairman, Slappey
of Gadsden, and Scales of Taylor, and
WHEREAS, said committee has since its appointment
functioned in behalf of the House of Representatives and will
have further duties to perform in completing its said work
and it is desired that said committee be made an official com-
mittee of the House of Representatives,
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA IN
SESSION ASSEMBLED:
That the providing for, appointing, and constituting, of the
said BUILDING COMMITTEE OF THE 1939 FLORIDA
HOUSE OF REPRESENTATIVS, prior to the commencement
of the present session of the State Legislature, be and the
same are hereby ratified and confirmed, and Messrs. Collins
of Leon, Chairman, Slappey of Gadsden and Scales of Taylor,
are hereby constituted as such committee with all the rights,
powers and duties of an official committee of the House of
Representatives.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 12 was adopted.
Mr. Lewis of Gulf moved that the rules be waived and that
the House do now take up and consider messages from the
Senate.
Which was agreed to by a two-thirds vote.
The Speaker in the Chair.
MESSAGES FROM THE SENATE
The following message from the Senate was received and
read:
SENATE CHAMBER
Tallahassee, Florida, April 4, 1939.
Hon. G. Pierce Wood,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has Adopted:
By Senator Kanner-
Senate Concurrent Resolution No. 1:
BE IT RESOLVED BY THE SENATE OF THE STATE OF
FLORIDA, THE HOUSE OF REPRESENTATIVES CONCUR-
RING:

That the Senate and House of Representatives concur in ad-
vising the Governor that the Legislature by his request will as-
semble in the chamber of the House of Representatives at 3:00
o'clock P. M., April 4, A. D. 1939, for the purpose of receiving
His Excellency's message in joint assembly.

5

And respectfully requests the concurrence of the House there-
in.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Which was read the first time in full.
Mr. Christie moved that the rules be waived and that Senate
Concurrent Resolution No. 1 be read the second time in full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 1 was read the second
time in full.
Mr. Christie moved the adoption of Senate Concurrent Reso-
lution No. 1.
Which was agreed to.
And Senate Concurrent Resolution No. 1 was adopted.
Mr. Christie moved that the rules be further waived and
the resolution be immediately certified to the Senate.
Which was agreed to by a two-thirds vote.
And it was so ordered.
And-
The following message from the Senate was received and
read:
SENATE CHAMBER
Tallahassee, Florida, April 4, 1939.
Hon. G. Pierce Wood,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has Adopted:
Senate Concurrent Resolution No. 2:
WHEREAS, The Honorable Franklin D. Roosevelt, President
of the United States, is now vacationing at Warm Springs.
Georgia, and can travel by automobile to Tallahassee, Florida,
within a few hours, therefore, be it
RESOLVED by the Senate, the House of Representatives,
concurring, that he be and is hereby invited to address the Leg-
islature, in the Hall of the House of Representatives at Talla-
hassee, Florida, upon such subject as he may select and at such
time as he may designate.
Be it further RESOLVED that two (2) Senators be appointed
by the President of the Senate and three (3) members of the
House of Representatives appointed by the Speaker of the
House of Representatives as a Committee to extend this invita-
tion to the President, and if he accepts same, escort him from
Warm Springs, Georgia, to Tallahassee, Florida.
And respectfully requests the concurrence of the House there-
in.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Which was read the first time in full.
Mr. Lewis of Gulf moved that the rules be waived and that
Senate Concurrent Resolution No. 2 be read the second time in
full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 2 was read the second
time in full.
Mr. Lewis of Gulf moved the adoption of Senate Concurrent
Resolution No. 2.
Which was agreed to.
And Senate Concurrent Resolution No. 2 was adopted.
Mr. Lewis of Gulf moved that the rules be further waived
and the resolution be immediately certified to the Senate.
Which was agreed to by a two-thirds vote.
And it was so ordered.
And-
The following message from the Senate was received and
read:
SENATE CHAMBER
Tallahassee, Florida, April 4, 1939.
Hon. G. Pierce Wood,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has Adopted:
Senate Concurrent Resolution No. 3:

WHEREAS, the Legislature of 1937 granted to the ladies of
the American Legion Auxiliary at Tallahassee, Florida, the
privilege of conducting a cold drink stand in the lobby of the
Capitol during the 1937 session for the sale of cold drinks, con-

April 4, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

fections, sandwiches, cigars, etc., the profits derived from same
to be used for the patriotic and charitable purposes for which
the American Legion and its Auxiliary stands; and,
WHEREAS, the operation and conduct of said concession
during the 1937 session of the Legislature was in all respects
satisfactory, and in consideration thereof the ladies of said
American Legion Auxiliary Post have requested a renewal of
said concession by the Legislature of 1939 for the same pur-
poses, to the same extent and with the same reservations as
were applicable to the operation of the concession heretofore,
Now Therefore,
BE IT RESOLVED BY THE SENATE, THE HOUSE OF
REPRESENTATIVES CONCURRING:
That the ladies of the American Legion Post located at Talla-
hassee, Florida, be and they are hereby granted the concession
to operate at a place in the lobby to be designated by the Presi-
dent of the Senate upon the advice of the Speaker of the House
of Representatives, in behalf of and for the uses and purposes
of the American Legion Auxiliary, a cold drink stand and con-
cession incident thereto, upon the same terms and conditions
and with the same limitations as the same was operated during
the 1937 session of the Legislature, this Resolution to take ef-
fect immediately.
And respectfully requests the concurrence of the House there-
in.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
Which was read the first time in full.
Mr. Lewis of Gulf moved that the rules be waived and that
Senate Concurrent Resolution No. 3 be read the second time in
full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 3 was read the second
time in full.
Mr. Lewis of Gulf moved the adoption of Senate Concurrent
Resolution No. 3.
Which was agreed to.
And Senate Concurrent Resolution No. 3 was adopted.
Mr. Lewis of Gulf moved that the rules be further waived
and the resolution be immediately certified to the Senate.
Which was agreed to by a two-thirds vote.
And it was so ordered.
Mr. Lewis of Gulf moved that the House do take a recess
until 2:45 P. M.
Which was agreed to.
Thereupon, at the hour of 1:35 P. M. the House stood re-
cessed until 2:45 P. M.
Pursuant to recess, the House reconvened at 2:45 P. M.
The roll was called, and the following members answered to
their names:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beas-
ley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell,
Butt, Christie, Clement, Collins, Cooley, Cook, Crary, Dekle,
Dishong, Douglas, Drummond, Dukes, Farabee, Fearnside,
Finch, Folks, Frank, Fraser, Fuller, Getzen, Gillespie, Griner,
Harrell (Duval), Harrell (Hamilton), Harrell (Indian River),
Harris, Henderson, Hodges, Holsberry, Holt, Howze, Inman,
Jenkins, Johnson (Gadsden), Johnson (Hernando), Lanier,
Leaird, Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy),
Lindsey, Malone, Marchant, Martin (Hillsborough), Martin
(Polk), Moore, Morrow, McCall, McCarty, McLeod, Niblack,
Outman, Overstreet, Papy, Peeples, Pickels, Platt, Ray, Robin-
son, Scales, Scofield, Shave, Sheldon, Sikes, Simpson, Sinclair,
Slappey, Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency,
Tomasello, Turner, Versaggi, Warren, West, Whitehurst,
Wotitzky.-95.
Nays-None.
A quorum present.
The hour of 3:00 P. M. having arrived, the Senate appeared
at the bar of the House and were awarded seats.
Mr. Christie moved that the President of the Senate, The
Honorable J. Turner Butler, preside over the joint session of
the Senate and the House.
Which was agreed to.
Thereupon the Honorable J. Turner Butler, President of the
Senate, took the Chair.
The roll of the Senate was called by the Secretary of the
Senate, and the following Senators answered to their names:

Hinely, Hodges, Holland, Horne, Johns, Kanner, Kelly, Locke;
Kelly, Dan; Kendrick, Lewis, Lindler, Mapoles, McKenzie, Mur-
phy, Parker, Parrish, Price, Rose, Savage, Sharit, Walker,
Ward, Westbrook, Whitaker, Wilson-38.
A quorum of the Senate present.
The roll of the members of the House of Representatives
was called by the Chief Clerk of the House and the following
members answered to their names:
Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch,
Folks, Frank, Fraser, Fuller, Getzen, Gillespie, Griner, Harrell
(Duval), Harrell (Hamilton), Harrell (Indian River), Harris,
Henderson, Hodges, Holsberry, Holt, Howze, Inman, Jen-
kins, Johnson (Gadsden), Johnson (Hernando), Lanier, Leaird,
Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy),
Lindsey, Malone, Marchant, Martin (Hillsborough), Martin
(Polk), Moore, Morrow, McCall, McCarty, McLeod, Niblack,
Outman, Overstreet, Papy, Peeples, Pickels, Platt, Ray,
Robinson, Scales, Scofield, Shave, Sheldon, Sikes, Simpson,
Sinclair, Slappey, Smith, Stewart, Stokes, Strayhorn, Sudduth,
Surrency, Tomasello, Turner, Versaggi, Warren, West, White-
hurst, Wotitzky.-95.
A quorum of the House of Representatives present.
Senator Kanner moved that a committee of five members
of the joint session, to be composed of two Senators and three
members of the House, be appointed to wait upon His Ex-
cellency, Governor Fred P. Cone, and notify him that the
joint session of the Senate and the House of Representatives
was assembled and ready to receive his message.
Which was agreed to.
Thereupon, the President of the Senate appointed Senators
Kanner and Dame on the part of the Senate and Messrs.
Clement, Hodges and Sheldon on the part of the House, who
retired to perform their mission.
The committee reappeared at the bar of the joint session
and escorted the Honorable George Couper Gibbs, Attorney
General of the State of Florida, to the rostrum.
After being introduced to the joint session, General Gibbs
proceeded to deliver the message of Honorable Fred P. Cone,
Governor of the State of Florida, to the joint session, as
follows:
GOVERNOR'S MESSAGE
TO THE HONORABLE SENATE AND HOUSE OF REPRE-
SENTATIVES OF THE FLORIDA LEGISLATURE, SES-
SION 1939.
Under the constitution of the State of Florida I am required
as Governor at the beginning of each session of the Legisla-
ture to communicate by message to you concerning the gen-
eral welfare and the condition of the State.
It is a pleasure today to appear before you and give you
my ideas on what I believe to be for the best interest of our
State. I want to assure you one and all I appear before you
as your Chief Executive in no other way except in a coopera-
tive spirit. What I recommend to you for your consideration
is what I honestly believe to be for the betterment of all
classes and races that make up our citizenship.
Ours is a democratic form of government, having three dis-
tinct branches-the Legislative, Judicial and the Executive,
created by our constitution. You are the representatives of
one branch, to wit: the Legislative. It is your duty to enact
laws for the protection of persons and property and it is the
duty of the Judiciary to construe those laws as passed by your
Honorable Body. The Executive branch is to enforce the laws.
I trust that each member of your Honorable Body will feel
the responsibility which rests upon you in the solemn per-
formance of your constitutional duty.
Economy and business management of our finances are two
paramount needs before us now. Other important and neces-
sary items are finance and taxation. Our government cannot
be operated without finances. We can have no finances with-
out taxation, as these are interlocked and cannot be separated.
This condition is likely to exist as long as we live under a
democratic form of government.

The taxes collected from the citizens of Florida necessary
to carry on the Legislative, Judicial and Executive operating
expenses are now burdensome on our people. Unless the State
is economically managed and the strictest principles of busi-
ness followed the expenses will grow and will far exceed our
ine.nmP Tf we expect our state to grow and develop its people

JOURNAL OF THE HOUSE OF REPRESENTATIVES

must not be overburdened with taxation as no tax burdened
or debt ridden government can prosper.
Every department under my supervision that has to do with
collecting revenue shows a healthy increase. All the finances
that are used in the operation of the different state depart-
ments and which defray the expenses of the Legislative, Judi-
cial and Executive departments are collected from the people
of this state by taxation and at this time there is no need for
additional taxes.
AD VALOREM TAX
Our state ad valorem tax is very low. My predecessor toward
the close of his administration under authority vested in him
reduced the ad valorem 21/2mills. We now have a little over
three mills ad valorem taxes. The millage reduced by my
predecessor did not affect his tenure of office but affected
mine. We have not increased the ad valorem millage. There-
fore we have a reduction of 21/2 mills that has been borne by
this administration and we have managed to get along by the
adoption of economy in every department under my super-
vision.
MUNICIPALITIES
Ad valorem in most of the counties and municipalities is
so high many of them can hardly exist due to heavy bonded
indebtedness. Something should be done to assist them and
I invite your careful study and consideration of the distressed
financial condition of the municipalities of our state. In past
years the state has absorbed various sources of revenue that
were available to municipalities, leaving these units of gov-
ernment practically dependent upon real and personal proper-
ty and license taxes and this restricted tax base is also shared
by other units of government. The policy of our people in
exempting homesteads from taxation materially reduced mu-
nicipal revenues and the amendment adopted exempting
homes has resulted in a further reduction in such revenues
although the municipalities will still be called upon to meet
the increasing demands for essential municipal services. How
they can do so and at the same time carry the heavy debt
load for bonds under which most of them are laboring is a
serious financial problem of our state. Past legislatures by
aid to schools and allocation of gas and race track tax moneys
have made provision whereby the state is now collecting and
distributing nearly twenty-three million dollars to counties
for purposes which formerly had to be supported by county
taxes and to this extent that arm of the government has been
greatly relieved. But our municipalities have been overlooked
and are suffering from lack of finances. I continue hopeful
that with economy in the management of state finances and
careful apportionment of state income it will be possible for
this body to give some financial assistance at this session to
the overburdened municipalities of Florida. They have invest-
ed millions of dollars in the constructions of streets and high-
ways and are receiving no part of the gasoline and motor li-
cense tax revenues collected by the state from those whose
motor vehicles are using and steadily wearing out these streets.
The necessity for repair, re-building and preservation of these
streets is urgent, and most municipalities are too financially
embarrassed to undertake this task. Many of these streets
serve as connecting links between roads in the state highway
system. I recommend that you devote your earnest efforts
toward producing ways and means for municipalities to re-
ceive state assistance from road-user revenues, or to share
therein, in order that the highway system of our towns and
cities may be repaired and saved. I ask you to give this mat-
ter your most careful study and the serious attention which
it deserves.
INDIRECT TAXES
There has been from time to time what is known as hidden
or indirect taxes added to all other taxes in this state and is
a burden to carry. Relief should be given by repeal of these
indirect taxes. I trust the Legislature will adjourn without
placing any more taxes on the people of this state. Our fu-
ture prosperity depends upon sound, safe, business policies
in the management of our state business. Should this be done
I am satisfied that the natural increase of the income of the
state would take care of all expenses and the future pros-
perity and development of our state would not be hampered

nor hindered. All selfish, personal and political aspirations
should be put aside and you as the direct representatives of
the people take into consideration the taxes we now pay both
directly and indirectly with a patriotic desire to be of service

7

to the people and pass such legislation as will not increase
the tax burden of the citizenship of our state.

WELFARE
The general election of November 1936 voted a constitu-
tional amendment by a large' majority demanding legislation
to provide for old age pensions or old age assistance, aid to
the blind and aid to dependent children of this state. The
1937 legislature appropriated $3,400,000 for Old Age Pensions
and aid to the needy and blind and $400,000 to be used for
dependent children's assistance. This money to come from
the Beverage Department of the state. From reports before
me there ar 35,000 old age pensioners, one-half of the grants
paid by the Federal Government and the other half furnished
by the State of Florida. The Board of Social Welfare has
charge of this great work and I commend them for the ex-
cellent operation of the department. I recommend that the
sum of $4,000,000 be appropriated by your Honorable Body
for Old Age Assistance, $400,000 for the care of the needy
blind of our state and $400,000 for the dependent children.
That these funds be derived from the Beverage Department.
Should the revenue from this department be insufficient to
meet these appropriations then and in that event I recom-
mend that the amount collected be distributed pro rata be-
tween the old age assistance, the blind and the dependent
children in proportion to the amount appropriated.

BEVERAGE LAWS
I likewise recommend that the Beverage Laws be strength-
ened and perfected so that all license taxes and other taxes
enacted by law for these purposes can be collected and to cure
whatever defects there may be in the enforcement of the
same. I am satisfied with strengthening the Beverage Laws
it will insure better enforcement thereby increasing the reve-
nue through the department for these worthy but unfortu-
nate citizens. From the study I have made of this question
coupled with strengthening of the law thereby enabling
stricter enforcement will increase the revenue sufficient to
care for these eligible for old age assistance, the blind and
the dependent children without putting any additional taxes
upon the people.
Under the law agencies of the Federal Government have
power to confiscate automobiles and other paraphernalia used
in illicit manufacture and sale of liquor, but the state law has
no such provision and I recommend that the state law be
amended to allow the state authorities to do the same thing
which will produce additional revenue for old age pensions,
aid to the blind and to dependent children.

APPROPRIATIONS
I contend that the amount appropriated by the 1937 Gen-
eral Appropriation Bill will be sufficient to take care of all
departments of the government for the next two years, tak-
ing into consideration the general increase of income, pro-
vided business economy is practiced in the several departments
of our government.
It is true that some of our institutions are badly in need of
additional funds and some need additional fire proof build-
ings, the most important of which is our State Hospital which
cares and provides for the mentally ill. In my humble opin-
ion this is the greatest institution of our state, but the appro-
priation bill of 1937 provided sufficient money for this neces-
sity. Likewise certain repairs for the Farm Colony or Feeble-
minded at Gainesville, the Girls School at Ocala and the Boys
School at Marianna. I trust that you will not increase an
appropriation bill over the 1937 appropriation which I deem
sufficient to care for all necessary departments of our govern-
ment. It would be very unfortunate at this particular time to
make additional costs to the operating expenses of state gov-
ernment.
We should have a definite purpose in carrying out this pro-
gram. I believe all continuing appropriations should be abolished
so that all money remaining in these appropriations of what-
ever nature shall revert to the General Revenue Fund of the
State Treasury and the Legislature appropriate from time to
time such sums as in its wisdom may seem proper.
We have had to contend with this situation for the past two
years, to-wit: The General Revenue is without funds. The main
departments of the state such as the State Hospital, our State

College, University, and schools such as the common schools,
the School for the Deaf and Blind, the Boys School at Mari-
anna, the Industrial School for Girls at Ocala, the Farm Colony

April 4, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

at Gainesville and other constitutional departments of the state
are without funds to operate and pay actual expenses. This con-
dition results in the state having to pay high prices for food
and supplies while all other boards and commissions have an
abundance of money upon which to operate. This condition
should not be permitted.
The General Revenue has been exhausted. We find there has
been at all times several million dollars in idle money in the
State Treasury without power or authority to use it for the
necessary functions of state government. I recommend and urge
that you make these changes that the state government will
not be faced with a deficit and at the same time have plenty of
money upon which to operate.

BOARDS AND COMMISSIONS
I find this condition in our state today. A vast number of
boards and commissions have been created and authorized by
past legislatures for the preferment of one particular business
or occupation. These special boards have increased until we
have numbers of them that only collect money for the manage-
ment of the same, and the general revenue of our state receives
no benefits therefrom. I urge upon you to require these differ-
ent boards and commissions to deposit all money collected by
them in the State Treasury of Florida to the credit of the Gen-
eral Revenue Fund; that all necessary operating expenses be
properly budgeted and that at least one-third of the amount so
collected be retained for general state purposes in the general
revenue fund.
LICENSE TAX
All license taxes on all business whatsoever except those that
are especially exempted should be assessed by the County Tax
Assessor every three months and charged to the tax collector
of the respective counties and sufficient fees and penalties for
the tax collectors should be provided, and such licenses should
be collected in an orderly manner and not delegated to boards
and commissions. These things will strengthen our financial
structure, reduce the tax burden and hasten our state toward
permanent prosperity.
PERSONAL PROPERTY TAXES
Reports from the different counties of the state have shown
that the collection of taxes on personal property has been sadly
neglected by the collecting authorities of the state. From in-
formation that I have been able to obtain on reports from va-
rious counties shows there are large sums of money through
neglect or otherwise uncollected on the part of the tax collec-
tors of the state which have been passed on or reported as
Errors and Insolvencies. If these taxes now due in the several
counties were collected they would go a long way toward paying
all expenses of the state government for the next two years.
I recommend that a law be passed and that strict rules, reg-
ulations and penalties be fixed against all collecting agencies
for failure to collect personal property taxes, including all li-
censes. The time limit should be shortened between the assess-
ment and the poorly attempted collection of personal property
taxes and licenses. That no exemption or allowance should be
granted to any tax collector or other collection agency for fail-
ure to collect any of these taxes until a warrant has been issued
against the debtor and return made by the sheriff that no
property was found and such report should state that debtor is
insolvent before the tax collector is relieved of his responsibility.
I cannot recommend too seriously the importance of a law
along these lines. There are plenty of taxes levied to run our
state government but we need stricter enforcement of collection
agencies.
I recommend that a law be passed authorizing the governor
to employ attorneys to collect delinquent taxes on personal
property. That the salaries of such attorneys be paid out of the
amount so collected, so that the State of Florida will not have
to pay any of the expense in connection therewith.
Economy in public expenditures is necessary for the safety of
our financial structure, and it is the only way that we can pre-
vent higher taxes being placed upon the people. The value of
the public dollar has too often been disregarded until a public
office in some instances has ceased to be a public trust.
SALARIES
I do not believe in niggardly salaries, and I recommend that
the salaries of all elective officers be given a reasonable in-

crease on account of the expense of having to run for office
and the high cost of living, however reasonable economy can

April 4, 1939

be practiced by doing away with all useless employes and only
the necessary number of employes to carry on the business of
the state government in an efficient manner.
I am happy to say that all departments under my supervision
have done more work, and collected more money for the state
with less expense. This has been accomplished by ordinary busi-
ness management without any impairment ou the efficiency of
any department. With like economy in other departments of
the state government not under my control or supervision they
too can save considerable sums by adopting the same policy.
In so doing the natural increase of income of the state will go
a long way toward caring for the increased costs of state gov-
ernment by its natural growth. I do not believe at this time it
is necessary to put additional taxes upon the people.
Our income from gasoline is increasing each year.
The Tag Department has shown a notable increase.
The State Racing Commission has also shown an increase.
Each of these departments has been able to accomplish these
things by the use of good business management. I urge the Leg-
islature to co-operate with me in these efforts in the upbuilding
of our state.
AGRICULTURE
I recommend that laws be passed for the protection of the
citrus industry, including a strict green fruit law, and that
special protection be given the small growers of our state, who
are now struggling for their very existence, and that every pos-
sible assistance be given this great industry.
NATURAL RESOURCES
Our natural resources should be developed for the enrichment
of our state. Florida has many natural resources hardly
touched that should be amply protected and not allowed to be
wasted or destroyed. Agriculture, Industry and Labor all go to-
gether. Our aim should be to promote each of them for all
classes of our people. That portion of our citizenship that earns
a living by the sweat of the brow should have every protection
and granted every right to make a living. The health of our
children and the manhood of future generations should be pro-
tected in every way, therefore I recommend that the constitu-
tional amendment against child labor should be adopted and I
urge your careful consideration of this matter.
HIGHWAYS
Our highways should be protected, especially from destruc-
tion of overloaded vehicles, not only for the safety of the high-
ways but for the safety of the traveling public. I urge that a
strict law be passed against speeding on the highways or other
careless and neligent driving of motor vehicles. That strict
penalties be enacted against drunken driving on the highways
of our state.
FREIGHT RATES
I recommend that greater power and penalties be given the
Railroad Commission to enforce freight rates both on rail-
roads and on highways, and that inequalities be adjusted so
that the future development of Florida will not be retarded
further by excessive freight rates.
CONSERVATION AND GAME DEPARTMENT
I recommend that the game laws of our state be amended
so that the conservation of our game and fresh water fish
may be better protected. That the hunting season be reduced
to only three days each week during the season, and that these
days should not be consecutive but alternate. This will give
every sportsman a chance to hunt and protect our game from
ruthless slaying.
I further recommend that strict laws be passed regulating
alligators within the limits of Florida; that penalties be fixed
for having possession of alligator hides, as this animal, a native
of our state, will soon be extinct if protection is not given.
Alligators are our greatest conservers of fresh water fish.
Their protection has also been recommended by the Conser-
vation Department of the State Government which has given
this question a great deal of study.
LAW ENFORCEMENT
I recommend as heretofore that law enforcement be made
stricter and more certain. That our criminal procedure be
simplified and that all protection be given law abiding citi-
zens of our state as well as our visitors, that they may live

in their homes, operate their places of. business, ride on our
highways in safety, and be safe in their property rights against
highway robbers and other lawless people who prey upon hon-
est citizens. The greatest advertising Florida can give to the

JOURNAL OF THE HOUSE OF REPRESENTATIVES

outside world would be that her citizens and visitors are safe
in their person and property.
AUTOMOBILE TAGS
I recommend that automobile tags for all pleasure cars be
placed at $5.00 each as the automobile owner is now taxed
more in proportion for his property than any other class of
people. Reducing the price of tags will be the means of in-
creasing our revenue by the sale of more gasoline. I reconm-
mend your careful consideration of this long needed legisla-
tion for relief of the automobile using public.
FISHING INDUSTRY
I recommend that a repeal or adjustment of the gas tax by
motor boats of our fishing industry be given your careful at-
tention as this tax is borne by a class of deserving people who
are known as the fishermen of our state and the least able
to bear it.
ODD CENTS OR PARI-MUTUEL TAKE
I recommend that what is known as the Odd Cent on the
race track or the so-called pari-mutuel betting be taken over
by law and placed in the General Revenue Fund, as this money
does not belong to the race track people but should go to the
General Revenue Fund of the State. This money at the pres-
ent time which runs into thousands of dollars is taken by the
wages at the race tracks.
I recommend that an additional two percent be added to
the tax for state purposes and that this be placed in the gen-
eral revenue for the benefit of the entire state.
I recommend that the sum of $10,500,000 be appropriated
for the public schools of the state and that the amount so
appropriated per teacher unit be appropriated as heretofore
but allocated to each county according to the teacher unit
in each county, but before this money can be drawn by war-
rant from the State Treasury that there must be a receipt
from each separate school unit so that each unit receives the
amount by law for the teacher unit. In this way it will give
the exact pro rata to every county in the State.
I recommend that all aid be given the state institutions of
higher learning that the financial condition of our state will
permit.
I recommend that you look carefully into the amount re-
quested for free text books for the past two years, how many
have been used, and how many books can be repaired that you
may be informed as to the necessary amount of money to ap-
propriate for free text books for the next two years.
I recommend as I have heretofore that the law authorizing
the so called school book depository be repealed and that the
school books be consigned to the State Board of Education,
so that all books not used can be returned without cost to the
state. In this manner save thousands of dollars to the tax
payers.
DOCUMENTARY STAMPS
I recommend the retention of the one cent gasoline tax for
the general revenue fund and make more specific regulations
in the collection of all documentary stamp taxes.
INTANGIBLE TAXES
We have in this state an intangible tax law requiring only
two mills on the dollar for intangibles such as notes, mort-
gages, stocks, bonds, debentures and other evidence of indebt-
edness. Heretofore little money has been collected on
intangibles.
During the latter part of the summer of 1937 I received
permission from the Internal Revenue Department of the
federal government at Washington for the Auditing Depart-
ment to examine the records of intangible taxes. Such ex-
amination found more than two billion dollars in intangible
property not assessed for taxes in Florida. Owing to the late-
ness of the season only a portion of these taxes were assessed
but there was collected from the 1937 tax roll about $800,000.
If the collection of this tax is not held 'up by some court pro-
cedure it is hoped to get at least $1,250,000 or $1,500,000 from
this source. With a full collection of this tax we should
realize at least $2,000,000. I recommend that a stricter in-
tangible law with a possible increase on this class of taxes be
made on an equality with other taxes, which will be the source
of considerable revenue, and will ease the burden propor-
tionately upon the tax payers of the state.
Practically all these intangible taxes are collected from
people who live beyond the confines of Florida but who take
advantage of our liberal laws and become citizens of this state

for the purpose of evading higher taxes on their incomes as
levied in their former homes.

9

HOMESTEAD LANDS
I recommend for your consideration and attention the great
number of acres of land in this State that has been returned
to the state for taxes over a period of years and never re-
deemed. This land is not productive of any revenue. It is
not being reforested. It is not being taxed. I suggest a law
be passed authorizing the Trustees of the Internal Improve-
ment Fund through the Attorney General to quiet the title
of these lands in the name of the State of Florida, and permit
citizens of our state, heads of families, to homestead these
lands as homes under terms and conditions prescribed by you.
This will permit many deserving people who have families
and no homes an opportunity to become home owners thus
contributing to the upbuilding of our state.
TIMBER PROTECTION
I recommend that the timber lands in the state be protected
from ruthless destruction by the passage of a law to protect
trees of certain sizes being cut and destroyed. It takes years
to grow pine trees and the future wealth and prosperity of our
state depends upon the protection from careless destruction of
our forests and timbered lands.
PRIMARY LAWS
Our primary system adopted by the Democratic Party many
years ago as a substitute for the old convention system has
proven more satisfactory than the system of nominating our
officers in the party but I recommend substantial amend-
ments to these primary laws for the better enforcement of
honest elections.
A provision of the election laws should provide that all the
elective officers in each county be members of the County
Canvassing Board, and the votes should be canvassed pub-
licly and in the presence of the Board, and in the presence of
each other. That a severe penalty be placed and enforced
upon anyone fraudulently depriving the people of their votes.
In my judgment this is the only way that an honest election
can be maintained and I urge your earnest consideration of
this matter.
SUMMARY
I recommend for your consideration the following:
1. That your Honorable Body endeavor in every way to
economize in every department of the state so that no addi-
tional taxes will be placed upon the people.
2. That real money be appropriated for schools instead of
letting the schools depend upon any class of taxes that might
or might not be sufficient to finance our school system.
3. That the General Appropriation Bill be no larger than the
1937 Appropriation as there was sufficient funds appropriated
during the 1937 session to take care of improvements and all
costs of our government.
4. That sufficient money be appropriated to take care of
the General Revenue Fund which cares for all constitutional
departments of our government. If there should be any short-
age in money collected by the state that it fall upon depart-
ments not necessary for the support of our government.
If any additional revenue is needed to supply the necessary
funds to equal the 1937 appropriation that you consider the
following:
1. Additional money from the race track including what is
known as the breaks or odd cents, and the state be allowed
to raise the pari-mutuel tax at least two (2) percent for Gen-
eral Revenue.
2. That some commission or authority be authorized to
collect all past due taxes due the state which will provide
ample funds to take care of all necessary expenses.
3. I have reliable reports that fuel known as distillatee"
is being used extensively by trucks, buses and other motor
vehicles on the highways of our state without paying taxes
which is cutting into our gasoline taxes materially. I recom-
mend that a tax equal to the gas tax be placed upon this
class of fuel in order that distillatee" bear its portion of our
state taxes.
4. That the general license law of the state be revised so
that every line of business not now taxed be required to bear
its just portion of taxes.
5. That all funds collected by boards and commissions
created by the Legislature be placed in the General Revenue
Fund to be lawfully budgeted either by your Honorable Body
or some lawful authority created by you so that the consti-

tutional departments of the state government shall be the
first consideration. That at least one-third of the amounts

April 4, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

so collected by all boards and commissions be placed in the
general revenue fund.
6. That the intangible property law be revised and strength-
ened. That an increase of at least two mills be placed upon
intangibles which will require this class of property to con-
tribute to the state taxes.
A recent decision of the United States Supreme Court may
affect our taxing situation considerably in Florida, as the
court has authorized the government to tax state salaries as
well as salaries received from the national government. I
invite your very careful consideration of this decision of the
court and after a careful examination you in your wisdom
think it proper that some law or a constitutional amendment
be passed where the state can also tax government salaries.
'This is an important matter and will require careful consid-
eration by your Judiciary Committee that a fair law may be
enacted or a constitutional amendment provide for the pro-
tection of the interests of the people of Florida.
After examining into the finances of the state and sources
from which revenue is produced and they are found to be
insufficient to meet the proposed budget or the 1937 Appro-
priation, I suggest that the budget be lowered to balance with
the funds instead of raising additional taxes to balance the
budget.
I urge that continued assistance and cooperation be given
the many governmental activities being directed by our Presi-
dent, Franklin D. Roosevelt, for humanitarian purposes as
many of our under privileged would have suffered hardships
had it not been for the aid granted through our National
Government.
In making these recommendations I have no desire to dic-
tate or direct you in any way but they are given in a spirit
of cooperation and assistance from the Executive Department.
The governor's office is open to you at all times for any aid
and information I can give you in order to be helpful in the
great task before you.
Respectfully Yours,
FRED P. CONE,
Governor.
April 4, 1939.
Senator Kanner moved that the joint assembly do now dis-
solve and the Senate resume its session in the Senate Cham-
ber, which was agreed to.
And the Senate withdrew to its chamber.
The House was called to order by the Speaker at 3:50 P. M.
The roll was called and the following members answered to
their names:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Bur-
well, Butt, Christie, Clement, Collins, Cooley, Cook, Crary,
Dekle, Dishong, Douglas, Drummond, Dukes, Farabee, Fearn-
side, Finch, Folks, Frank, Fraser, Fuller, Getzen, Gillespie,
Griner, Harrell (Duval), Harrell (Hamilton), Harrell (Indian
River), Harris, Henderson, Hodges, Holsberry, Holt, Howze,
Inman, Jenkins Johnson (Gadsden), Johnson (Hernando),
Lanier, Leaird, Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis
(Levy), Lindsey, Malone, Marchant, Martin (Hillsborough),
Martin (Polk), Moore, Morrow, McCall, McCarty, McLeod,
Niblack, Outman, Overstreet, Papy, Peeples, Pickels, Platt,
Ray, Robinson, Scales, Scofield, Shave, Sheldon, Sikes, Simp-
son, Sinclair, Slappey, Smith, Stewart, Stokes, Strayhorn,
Sudduth, Surrency, Tomasello, Turner, Versaggi, Warren,
West, Whitehurst, Wotitzky.--95.
A quorum present.
The Speaker announced the appointment of the following
standing committees:
STANDING COMMITTEES
COMMITTEE ON AGRICULTURE
Harris, Chairman; Dishong, Vice-chairman; Ayers, Berry,
Boatwright, Dukes, Farabee, Finch, Folks, Fraser, Inman,
Johnson (Gadsden), Lehman, Niblack, Sikes, Simpson, Stray-
horn.

COMMITTEE ON VETERAN AFFAIRS
Tomasello, Chairman; Folks, Vice-chairman; Allen, Butt,
Cooley, Sudduth, Turner.
Mr. Tomasello moved that the Governor's message as de-
livered by the Honorable Geo. Couper Gibbs be spread upon
the journal.
Which was agreed to.
And it was so ordered.
Mr. Lewis of Gulf moved that the rules be waived and the
House do now adjourn to meet again at 11:00 A. M. Wednes-
day, April 5th, 1939.
Which was agreed to by a two-thirds vote.
Thereupon, at the hour of 4:35 P. M. the House stood ad-
journed until 11:00 A. M. tomorrow morning.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WEDNESDAY, APRIL 5, 1939

The House was called to order by the Speaker at 11:00
o'clock A. M. The roll was called and the following members
answered to their names:
Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch, Folks,
Frank, Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Du-
val), Harrell (Hamilton), Harrell (Indian River), Harris,
Henderson, Hodges, Holsberry, Holt, Howze, Inman, Jenkins,
Johnson (Gadsden), Johnson (Hernando), Lanier, Leaird,
Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy), Lind-
sey, Malone, Marchant, Martin (Hillsborough), Martin (Polk),
Moore, Morrow, McCall, McCarty, McLeod, Niblack, Outman,
Overstreet, Papy, Peeples, Pickels, Platt, Ray, Robinson, Scales
Scofield, Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey,
Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzky
-95.
A quorum present.
Prayer by the Chaplain.
The reading of the Journal was dispensed with.
The Journal of the House of Representatives for April 4th
was corrected and as corrected was approved.
The following communications were received and read:
State of Florida
BOARD OF COMMISSIONERS OF STATE INSTITUTIONS
Tallahassee
April 5, 1939.
Honorable G. Pierce Wood.
Speaker of the House of Representatives,
Tallahassee, Florida.
Sir:
The Board requests me to transmit to your Honorable Body
the attached resolution for consideration.
Very respectfully,
W. B. CONE,
Secretary to the Board.
RESOLUTION
BOARD OF COMMISSIONERS OF STATE INSTITUTIONS
Tallahassee
WHEREAS, the legislative printing contract has technical
terms dealing with the printing trade, and
WHEREAS, the custom has been in the recent past to have
the legislative printing delivered from day to day under such
contract checked by a person experienced in the printing
trade, and
WHEREAS, it is deemed advisable that this should be done,
THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF STATE INSTITUTIONS, this 30th day
of March, A. D. 1939:
1. That recommendation be respectfully made to the Legis-
lature that legislative printing delivered from day to day be
checked with the contract before the bills are approved by
the Legislative officials.
2. That Mr. Ray W. Robie, having considerable experi-
ence and knowledge with reference to printing, having as-
sisted in drawing the specifications for the legislative print-
ing contract and having been employed by the Legislature
of 1935, and 1937, to do this work, be recommended as a
suitable person for this work, and for such work as may be
desired by the Legislature, or either branch thereof, in pre-
paring, editing and standardizing forms and copy for the
journals, calendars and other items of legislative printing,
with a view of effecting the greatest economy consistent with
accuracy in such printing.

3. That copies of this Resolution be sent to the Presi-
dent of the Senate and to the Speaker of the House of Rep-
resentatives.
FRED P. CONE,
Governor,
R. A. GRAY,
Secretary of State.
GEORGE COUPER GIBBS,
Attorney General.
J. M. LEE,
Comptroller.
W. V. KNOTT,
Treasurer.
COLIN ENGLISH,
Supt. of Public Inst.
NATHAN MAYO,
Comm. of Agriculture.
The Speaker announced that he had appointed Messrs.
Christie of Duval, Lewis of Gulf and Tomasello of Okeechobee
as the committee from the House to act with a committee
from the Senate as provided by Senate Concurrent Resolu-
tion No. 2.

INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Lewis of Gulf-
House Resolution No. 13:
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA IN SESSION AS-
SEMBLED:
1. That each member of the House of Representatives be
allowed to designate one competent attache for service at
the regular session of the House of Representatives of 1939,
which attache so designated shall upon passing of the ex-
amination to be given by the Efficiency Committee be en-
rolled as employees of the House from April 4, 1939.
2. That the Speaker by and with the consent of the Com-
mittee on Efficiency, be and he is authorized and directed
to appoint such additional attaches of the House of Repre-
sentatives as may be necessary to efficiently perform the work
of this House.
3. That it is the sense of this House that the number of
employees be kept as low as possible consistent with the
efficient performance of the Clerical work of the House.
Which was read.
Mr. Lewis of Gulf moved the adoption of the resolution.
Pending the adoption of the resolution.
Mr. Tomasello moved that the motion to adopt House
Resolution No. 13 be laid on the table.
A roll call was demanded on the motion to lay House RescT
lution No. 13 on the table.
Upon -all of the roll the vote was:
Yeas-Messrs. Adams, Allen, Ange, Ayers, Beasley, Beck,
Becton, Berry, Boatwright, Bruns, Burwell, Clement,
Cook, Crary, Douglas, Dukes, Farabee, Fearnside, Finch,
Fraser, Getzen, Harris, Holsberry, Inman, Jenkins, Johnson
(Hernando), Leonardy, Malone, Morrow, McLeod, Niblack,
Peeples, Pickels, Scofield, Sheldon, Sikes, Stokes, Strayhorn,
Sudduth, Tomasello, Turner, Versaggi, West, Whitehurst,
Wotitzy-45.
Nays-Mr. Speaker; Messrs. Burks, Butt, Christie, Collins,
Cooley, Dekle, Dishong, Drummond, Folks, Frank, Fuller,
Gillespie, Griner, Harrell (Duval), Harrell (Hamilton), Har-
rell (Indian River), Henderson, Hodges, Holt, Howze, John-
son (Gadsden), Lanier, Leaird, Leedy, Lehman, Lewis (Gulf),
Lewis (Levy), Lindsey, Marchant, Martin (Hillsborough),
Martin (Polk), Moore, McCall, McCarty, Outman, Overstreet,
Papy, Platt, Ray, Robinson, Scales, Shave, Simpson, Sinclair,
Slappey, Smith, Stewart, Surrency, Warren-50.
The motion to lay House Resolution No. 13 on the table
failed to pass.

13

14

The question recurred on the motion of Mr. Lewis of Gulf
to adopt House Resolution No. 13.
The motion prevailed and House Resolution No. 13 was
adopted.
INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS
By Mr. Inman of Bradford-
House Concurrent Resolution No. 1:
WHEREAS George VI and Elizabeth, King and Queen of
Great Britain and Ireland and of the Dominions beyond the
Seas, Emperor and Empress of India, soon will be honored
guests of the United States, and,
WHEREAS in Florida, land of flowers, nature joins in ex-
tending royal welcome always, therefore,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES AND THE SENATE CONCURRING
That all Florida invites their Majesties, bids them welcome,
and to them extends the keys to her cities, lakes, streams
and groves, and to all her many delights.
Which was read the first time in full.
Mr. Inman moved that the rules be waived and House
Concurrent Resolution No. 1 be read the second time in full.
Which was agreed to by a two-thirds vote.
And House Concurrent Resolution No. 1 was read a second
time in full.
Mr. Inman moved the adoption of House Concurrent Reso-
lution No. 1.
Which was agreed to.
And House Concurrent Resolution No. 1 was adopted.
Mr. Inman moved that the rules be further waived and
House Concurrent Resolution No. 1 be immediately Certified
to the Senate.
Which was agreed to by a two-thirds vote.
And House Concurrent Resolution No. 1 was immediately
certified to the Senate.
INTRODUCTION OF HOUSE MEMORIALS
By Messrs. Sheldon, Martin and Dekle of Hillsborough,
Burks of Pasco, Peeples of Glades, Ray of Manatee, Beck of
Palm Beach, Adams of Calhoun, Niblack of Columbia, Ayers
of Gilchrist, Lewis of Levy, Inman of Bradford, and Morrow
of Palm Beach.
House Memorial No. 1:
A RESOLUTION TO MEMORIALIZE THE CONGRESS OF
THE UNITED STATES TO ENACT THE GENERAL WEL-
FARE ACT OF 1937, KNOWN AS H. R. 2, NOW BEFORE
CONGRESS.
Which was read the first time.
Mr. Sheldon moved that the rules be waived and House
Memorial No. 1 be read the second time by title. only.
Which was agreed to by a two-thirds vote.
And House Memorial No. 1 was read a second time by title
only.

April 5, 1939

Mr. Sheldon moved that the rules be further waived and
House Memorial No. 1 be read the third time in full and
placed upon its final passage.
Which was agreed to by a two-thirds vote.
And House Memorial No. 1 was read the third time in full.
Upon call of the roll on the passage of House Memorial No.
1 the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Boatwright, Burks, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle,
Dishong, Drummond, Dukes, Farabee, Fearnside, Folks, Frank,
Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Duval), Har-
rell (Indian River), Harris, Henderson, Hodges, Holsberry,
Holt, Howze, Inman, Jenkins, Johnson (Hernando), Lanier,
Leaird, Lehman, Leonardy, Lewis (Levy), Lindsey, Malone,
Marchant, Martin (Hillsborough), Martin (Polk), Moore, Mor-
row, McCarty, McLeod, Outman, Overstreet, Papy, Peeples,
Pickels, Platt, Ray, Robinson, Scofield, Sheldon, Sinclair,
Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzy-
80.
Nays-Messrs. Finch, Harrell (Hamilton), Johnson (Gads-
den), Leedy, Lewis (Gulf), McCall, Scales, Shave, Sikes, Simp-
son, Slappey.-11.
So House Memorial No. 1 passed, title as stated.
Mr. Sheldon moved that the rules be further waived and
House Memorial No. 1 be immediately certified to the Senate.
Which was agreed to by a two-thirds vote.
And House Memorial No. 1 was immediately certified to
the Senate.
Mr. Lewis of Gulf moved that the vote by which House
Resolution No. 13 was adopted be now reconsidered.
Which was agreed to.
Mr. Christie moved that the motion to reconsider be laid
on the table.
Which was agreed to.
And the motion to reconsider House Resolution No. 13 was
laid on the table.
Mr. Stokes moved that a committee of three be appointed.
to escort the Honorable A. E. Funk, Attorney General of the
State of Kentucky, the Honorable Sherman Goodpaster, In-
surance Commissioner of the State of Kentucky, and the
Honorable Charles J. Dawson, Ex-Federal Judge of the
Eleventh District of Kentucky to the rostrum.
Which was agreed to.
Thereupon the Chair appointed Messrs. Stokes, Sudduth, and
Getzen to escort the visitors to the rostrum where they were
introduced by the Speaker to the membership of the House.
Mr. Lewis of Gulf moved that the rules be waived and that
the House do now adjourn to meet again at 11:00 o'clock
A. M. tomorrow.
Which was agreed to by a two-thirds vote.
Thereupon at the hour of 11:55 o'clock A. M. the House
stood adjourned until 11':00 o'clock A. M. Thursday, April
6, 1939.

INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Leedy of Orange-
House Resolution No. 14:
WHEREAS, the Lord in His divine wisdom removed from
the activities of men on October 4, 1938, Captain Benjamin M.
Robinson of Orlando, Florida, and
WHEREAS, Captain Robinson was a pioneer citizen of Cen-
tral Florida contributing greatly to the development of his
State for a period of more than sixty years, and
WHEREAS, he was a gallant soldier in the army of the Con-
federacy, the hero of many a well-fought field, and
WHEREAS, during all of his life he exemplified the gal-
lantry, the self-sacrifice and the indomitable courage that
characterized the "men in grey," and
WHEREAS, he was a member of the Florida House of Repre-
sentatives in the year 1885 serving with honor and distinction,
and
WHEREAS, he served for more than forty years as the be-
loved Clerk of the Circuit Court of Orange County, Florida,
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA, that
we record with regret and sorrow the passing of this gallant
figure from the Florida scene, representing as he did an era and
a way of life now fast disappearing from our Southland, and
inscribe upon the records of our proceedings on a separate
page of the Journal to be set apart for that purpose our testi-
monial of his record as a soldier, citizen and Christian patriot.
BE IT FURTHER RESOLVED, that a copy of this resolution
under the hand of the Speaker and Chief Clerk thereof be for-
warded to the members of his family.
Which was read.
Mr. Leedy moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 14 was adopted.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS
By Mr. McLeod of Franklin.
House Concurrent Resolution No. 2:
Providing for the appointment of a committee to study the
question of trade relations between the State of Florida and the
State of Georgia; to study existing Florida laws affecting com-
merce between the two states, and to recommend reciprocal
legislation, to encourage and promote free commerce between
the citizens of Florida and the citizens of Georgia in the prod-
ucts of said states; and to ratify and make effective tentative
agreements made by an unofficial committee of the Florida
Legislature with an official committee of the Georgia Legisla-
ture, pursuant to which the Georgia Legislature of 1939 has
enacted reciprocal laws.
WHEREAS, the industrial, commercial, and social interests
of the people of the State of Florida and the people of the
State of Georgia are so interdependent each upon the other
that free and unrestricted commerce between the citizens of
the two states in their respective products is essential to the
prosperity of each of such states; and
WHEREAS, because of a want of mutual understanding and
because of unintentional over-sight in the enactment of legis-
lation affecting such trade relationship between the two states,
each of such states has enacted laws operating to the disad-
vantage of the other so that trade barriers have arisen affect-
ing the prosperity of the people of both of the States; and
WHEREAS, such conditions having come to the attention of
the people of each of such states because of the harmful ef-
fects of such legislation, the President of the Florida State
Senate and the Speaker Designate of the Florida House of Rep-
resentatives for 1939, unofficially appointed a legislative com-
mittee to discuss with a like legislative committee officially ap-
pointed by the President of the Senate and the Speaker of the
House of Representatives of Georgia, then in session, to discuss
reciprocal laws between the two states, to encourage and pro-
mote better trade relations between the two states, and the
prosperity of the citizens of each of such states; and such dis-
cussions between the legislative committees of the two states
were held at Atlanta, Georgia, and resulted in the enactment by
the Georgia Legislature of all reciprocal measures requested by
the Florida unofficial legislative committee, but which laws
were so enacted subject to the action of the Florida Legislature
in carrying out the proposed agreements for the enactment by
that body of similar reciprocal legislation; and
WHEREAS, this desirable result was accomplished by reason
of the interest and cooperation of Honorable G. Pierce Wood,
Speaker Designate of this House of Representatives, who
headed the said Florida unofficial legislative committee, and
Honorable Stuart Gillis, then President of the Florida Senate,
and Honorable J. Turner Butler, then President Designate of
the Florida Senate for 1939, and it is incumbent upon the Flor-
ida Legislature at this session to make effective the results of
the work of the said committees;

NOW THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES, THE SENATE CONCURRING:
1. That a special committee to be composed of not less than
three and not more than five members of the House of Repre-
sentatives be appointed by the Speaker. of the House of Repre-
sentatives, and of not less than three and not more than five
members of the Senate be appointed by the President of the
Senate, to make a study of all existing laws affecting trade be-
tween the State of Georgia and the State of Florida, and to
study the report of the unofficial committee which has con-
ferred and negotiated with the legislative committee of the
State of Georgia, and the laws of the State of Georgia affect-
ing the trade between the two states, and that such committee
be authorized, empowered, and directed to prepare and recom-
mend to this Legislature such acts as may be necessary to make
effective the tentative agreements between the unofficial Flor-
ida legislative committee and the Georgia legislative committee,
and such acts as may make effective complete industrial, com-

WHEREAS, the Lord in His divine wisdom removed from the
activities of men on October 4, 1938, Captain Benjamin M. Robin-
son of Orlando, Florida, and
WHEREAS, Captain Robinson was a pioneer citizen of Central
Florida contributing greatly to the development of his State for
a period of more than sixty years, and
WHEREAS, he was a gallant soldier in the army of the Con-
federacy, the hero of many a well-fought field, and
WHEREAS, during all of his life he exemplified the gallantry,
the self-sacrifice and the indomitable courage that characterized
the "men in grey," and
WHEREAS, he was a member of the Florida House of Repre-
sentatives in the year 1885 serving with honor and distinction, and
WHEREAS, he served for more than forty years as the be-
loved Clerk of the Circuit Court of Orange County, Florida,
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA, that
we record with regret and sorrow the passing of this gallant fig-
ure from the Florida scene, representing as he did an era and a
way of life now fast disappearing from our Southland, and in-
scribe upon the records of our proceedings on a separate page of
the Journal to be set apart for that purpose our testimonial of
his record as a soldier, citizen and Christian patriot.
BE IT FURTHER RESOLVED, that a copy of this resolution
under the hand of the Speaker and Chief Clerk thereof be for-
w\arded to the members of his family.

---1 c --"

I

April 6, 1939

mercial, and social reciprocity between the State of Florida and
the State of Georgia.
2. That the said committee, when so appointed, function as
a joint committee of the Senate and House of Representatives
of the State of Florida, and report to each the Senate and the
House, from time to time, its findings and recommendations
on the subjects referred to in this Resolution.
3. That the said committee be and it is authorized to invite
members of the Legislature and officials of Georgia to confer
with it upon the subject of reciprocal legislation between the
States, but that no expenses be incurred by the said committee
without express authority of the Legislaure.
Which was read the first time in full.
Mr. McLeod moved that the rules be waived and House Con-
current Resolution No. 2 be read the second time in full.
Which was agreed to by a two-thirds vote.
And House Concurrent Resolution No. 2 was read the second
time in full.
Mr. McLeod moved the adoption of the resolution.
Whicl was agreed to.
And House Concurrent Resolution No. 2 was adopted.
Mr. McLeod moved that the rules be further waived and
House Concurrent Resolution No. 2 be immediately certified
to the Senate.
Which was agreed to by a two-thirds vote.
And it was so ordered.
INTRODUCTION OF BILLS AND JOINT RESOLUTIONS
By Messrs. Christie of Duval, Lewis of Gulf, Collins of Leon,
Martin of Polk, Allen of Suwannee, Beck of Palm Beach, Boat-
wright of Suwannee, Burks of Pasco, Cook of Flagler, Cooley
of Lake, Crary of Martin, Dekle of Hillsborough, Dishong of
DeSoto, Douglas of Putnam, Dukes of Union, Farabee of Har-
dee, Finch of Jackson, Fuller of Pinellas, Gillespie of Volusia,
Harrell of Duval, Henderson of Volusia, Holt of Dade, Howze
of Manatee, Jenkins of Alachua, Johnson of Hernando. Leaird
of Broward, Leedy of Orange, Lehman of Seminole, Leonardy
of Seminole, Lindsey of Dade, Marchant of Polk, McCarty of
St. Lucie, Moore of Leon, Morrow of Palm Beach, Outman
of Pinellas, Overstreet of Dade, Platt of Collier, Ray of Man-
atee, Robinson of Lake, Shave of Nassau, Sheldon of Hills-
borough, Sinclair of Polk, Slappey of Gadsden, Surrency of
Sarasota, Turner of St. Johns, Warren of Duval, West of
Santa Rosa, Whitehurst of Highlands, Wotitzky of Charlotte,
Inman of Bradford, Fraser of Baker, Malone and Holsberry
of Escambia, Johnson of Gadsden.
House Bill No. 1:
A bill to be entitled An Act relating to criminal procedure:
To the issuing of warrants and capiases and the execution
thereof; to preliminary examinations and bail; to methods of
prosecution; to the selection and duties of the grand jury; to
indictments and informations and process thereon; to arraign-
ment, motions and pleas; to jurisdiction and venue; to change
of judges and removal of causes; to trial by jury and waiver of
trial; to presence of the defendant; to dismissal of prosecu-
tion, and continuance; to proceedings to determine mental
condition of defendant; to conduct of trial and jury; to mo-
tions for a new trial and in arrest of judgment; to judgment,
sentence and execution; to provide for the use of evidence at
a former trial; to appeal; to revise, re-enact and consolidate
the law relating to criminal procedure; to powers and duties
of administrative, judicial and prosecuting officers; to capital
punishment: to repeal certain laws and all other laws and
parts of laws in conflict herewith.
Which was read the first time by its title and referred to the
Committee on Judiciary "A."
By Messrs. Fraser of Baker, Sudduth of Bay, Jenkins of
Alachua, Getzen of Sumter, Henderson of Volusia, Inman of
Bradford--
House Bill No. 2:
A bill to be entitled An Act providing that all county tax col-
lectors in the State of Florida shall keep the tax books open
for the collection of taxes levied and assessed for the year 1938
until the first day of June, A. D. 1939.

Which was read the first time by its title and referred to the
Committee on Finance and Taxation.

17

By Messrs. Cooley and Robinson of Lake-
House Bill No. 3:
A bill to be entitled An Act referring to corporations and the
restoration of the corporate privileges and corporate entity of
corporations dissolved by operation of law for failure to pay
the capital stock tax, and prescribing conditions for such re-
storation.
Which was read the first time by its title and referred to the
Committee on Judiciary "B."
By Mr. Sikes of Okaloosa-
House Bill No. 4:
A bill to be entitled An Act providing for a uniform system
and schedule of salaries for the public free school teachers of
the State of Florida, as to certification, educational qualifica-
tions, experience and position occupied in said school as
teacher, and repealing all laws or parts of laws in conflict here-
with.
Which was read the first time by its title and referred to the
Committee on Education "A."
By Mr. Smith of Clay.
House Bill No. 5:
A bill to be entitled An Act providing for the erection of
fences and cattle guards to prevent the intrusion of live stock
upon the State roads in this State, declaring public policy in
relation thereto, prescribing the powers and duties of the State
Road Department of Florida in the erection and maintenance
of such fences and cattle guards, and providing for payment of
expenses incident to the erection and maintenance of such
fences and cattle guards.
Which was read the first time by its title and referred to the
Committee on Livestock.
By Messrs. Sikes of Okaloosa; Sheldon of Hillsborough;
Beasley of Walton; Ayers of Gilchrist; Smith of Clay; Malone
and Holsberry of Escambia; Lewis of Levy; Boatwright of
Suwannee; Versaggi of St. Johns, and Turner of St. Johns-
House Bill No. 6:
A bill to be entitled An Act to repeal Section 14, Chapter
18285, Laws of Florida. Acts of 1937, entitled: "An Act creating
a State Welfare Board and District Welfare Boards and pro-
viding for their appointment, qualifications, powers, and duties:
providing that said State Board shall be the agent for the
United States, State, County and Municipal governments in
the administration of funds for the relief of unfortunates; and
authorizing the said boards to act as agent for the United
States, State, County, and Municipal governments in the ad-
ministration of any funds for investigations, social welfare
work, or any other work incident to the public welfare of the
United States, State, County, and Municipal governments:
authorizing the State Welfare Board to promulgate rules and
regulations necessary to carry out the intent and purposes of
this act; providing for the supervision of state and local in-
stitutions for destitute or dependent children and providing for
the disposition, care, protection, support and maintenance of
dependent children; authorizing the State Welfare Board to
establish minimum standards of care for all local public or pri-
vate institutions or agencies; creating the office of State Wel-
fare Commissioner and providing for his appointment, provid-
ing that this Act shall not affect the enforcement of Chapter
9274, Acts of 1923, of Chapter 11834 and 13384, Acts of 1927, of
repealing all other laws or parts of laws in conflict herewith:
and making appropriations to carry out the purposes of said
Act; and fixing the qualifications of persons entitled to mone-
tary benefits or assistance under this Act.
Which was read the first time by its title and referred to the
Committee on Public Welfare.
By Mr. Sikes of Okaloosa-
House Bill No. 7:
A bill to be entitled An Act to Amend Section 17 Chapter
18285, Law of Florida, Acts of 1937, entitled: An act creating
a state welfare board and district welfare boards and provid-
ing for their appointment qualifications, powers and duties:
providing that said state board shall be the agent for the Uni-
ted States, state, county and municipal governments in the
administration of funds for the relief of unfortunates; and
authorizing the said boards to act as agents for the United
States, state, county and municipal government in the admin-

istration of any funds for investigations, social welfare work
or any other work incident to the United States, state, county
and municipal government, authorizing the state welfare board
to promulgate rules and regulations necessary to carry out the

April 6, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

18 JOURNAL OF THE HOUSE

intent and purposes of this act: providing for the supervision
of state and local institutions for destitute or dependent
children and providing for the disposition care, protection,
support and maintenance of dependent children: authorizing
the state welfare board to establish minimum standards of
care for all local public and private institutions or agencies;
creating the office of state welfare commissioner and provid-
ing for his appointment providing that this act shall not af-
fect the enforcement of Chapter 9274, Acts of 1923, of Chapter
11834 and 13384, Acts of 1927, of Chapter 13620 Acts of 1929,
and acts amendatory thereto, repealing all other laws or parts
of laws in conflict herewith: and making appropriations to
carry out the purpose of said act; fixing the qualifications of
persons entitled to monetary benefits or assistance under this
Act.
Which was read the first time by its title and referred to
the Committee on Public Welfare.
By Mr. Sikes of Okaloosa-
House Bill No. 8:
A bill to be entitled An Act providing that courses in vo-
cational training shall be made available by county boards
of public instruction for students in all accredited high schools
of the state.
Which was read the first time by its title and referred to
the Committee on Education B.
By Messrs. Malone and Holsberry of Escambia-
House Bill No. 9:
A bill to be entitled An Act relating to the constructive
service of process.
Which was read the first time by its title and referred to
the Committee on Judiciary A.
By Messrs. Malone and Holsberry of Escambia-
House Bill No. 10:
A bill to be entitled An Act relating to cross-claims in tort
actions, to prescribe the procedure in reference thereto, and
the consolidation of separate actions, the effect of judgments
in causes wherein such cross-claims may or might have been
filed, and to repeal conflicting legislation.
Which was read the first time by its title and referred to
the Committee on Judiciary A.
By Messrs. Malone of Escambia; Fuller of Pinellas; West
of Santa Rosa; Warren of Duval; Leonardy of Seminole; Holt
of Dade; Sudduth of Bay; Morrow of Palm Beach; Leaird
of Broward; Cooley and Robinson of Lake and Holsberry of
Escambia.
House Bill No. 11:
A bill to be entitled An Act relating to married women, their
property rights, disabilities and liabilities, the manner in
which they may sue and be sued, and otherwise dealing with
the holding, management and conveyance of their property,
the subjects of dower and courtesy, and in general the re-
lationship of marriage and the rights, duties and obligations
arising therefrom or incidental thereto.
Which was read the first time by its title and referred to
the Committee on Judiciary B.
By Mr. Wotitzky of Charlotte-
House Bill No. 12:
A bill to be entitled An Act to declare, designate and es-
tablish a certain state road in Charlotte County.
Which was read the first time by its title and referred to
the Committee on Public Roads and Highways.
By Mr. Stewart of Hendry--
House Bill No. 13:
A bill to be entitled An Act to provide for the purchase,
distribution and administration of insulin in the State of
Florida by the State Board of Health; making the appropria-
tion therefore and creating a fund to be known as the Insulin
Fund, 'and providing for a penalty for making fraudulent ap-
plication for same.
Which was read the first time by its title and referred to
the Committee' on Public Health.
By Mr. Scofield of Citrus--
House Bill No. 14:

A bill to !be entitled An Act amending Section 1, of Chapter
16087, Laws of Florida, Acts of 1933, relating to the definitions
of words and phrases used in the Uniform Narcotic Drug Act.
Which was read the first\time by its title and referred to
the Committee on Public Health.

;I

House Bill No. 23:
A bill to be entitled An Act to fix the annual salaries of the
official Court Reporters of the State of Florida.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".

E OF REPRESENTATIVES April 6, 1939

By Mr. Burks of Pasco-
House Bill No. 15:
A bill to be entitled An Act to repeal Chapter 18022 of the
Acts of the Legislature of Florida of 1937 which said Act cre-
ates the Florida Milk Control Board and provides for its
powers and duties.
Which was read the first time by its title and referred to
their Committee on Public Health.
By Mr. Sikes of Okaloosa-
House Bill No. 16:
A bill to be entitled An Act providing for re-registration of
voters in Counties having a population of not less than eleven
thousand six hundred and not more than eleven thousand
seven hundred.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Sikes of Okaloosa-
House Bill No. 17:
A bill to be entitled An Act to provide for the retirement
of time warrants, bonds, and other delinquent obligations of
special tax school districts in counties having a population of
between eleven thousand six hundred and eleven thousand
seven hundred.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Mr. Sikes of Okaloosa-
House Bill No. 18:
A bill to be entitled An Act to provide for the acceptance
of delinquent obligations of special tax school districts in
counties having a population of not less than eleven thousand
six hundred and not more than eleven thousand seven hun-
dred in payment of taxes.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Mr. Clement of Pinellas-
House Bill No. 19:
A bill to be entitled An Act for the relief of Angelina
Samarkos.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Harrell of Hamilton, Clement of Pinellas, Cooley
of Lake, Martin and Dekle of Hillsborough, Ange of Lafayette,
McCarty of St. Lucie, Stewart of Hendry, Howze and Ray of
Manatee, Overstreet of Dade, Shave of Nassau, Sikes of Oka-
loosa, Adams of Calhoun, McCall of Madison, Hodges of Or-
ange and Scofield of Citrus--
House Bill No. 20:
A bill to be entitled An Act providing for nominations for
appointments to the offices of Circuit Judges by a political
party in a primary election and providing for the qualifying
of candidates therefore.
Which was read the first time by its title and referred to
the Committee on Elections.
By Mr. Clement of Pinellas-
House Bill No. 21:
A bill to be entitled An Act Prescribing and Regulating cer-
tain fees to be allowed and charged by County Judges; pro-
viding that fees for similar services by County Judges and
Clerks of the Circuit Court shall in all respects conform and
shall be the same as the fees now or hereafter allowed by law
to the Clerks of the Circuit Court.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Clement of Pinellas-
House Bill No. 22:
A bill to be entitled An Act relating to the grounds for di-
vorce; adding additional grounds for divorce, and repealing
all laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Butt of Brevard-

JOURNAL OF THE HOUSE

By Messrs. Sheldon and Martin of Hillsborough, and Burks
of Pasco-
House Bill No. 24:
A bill to be entitled An Act to provide for the regulation
and control of Public Utilities and other services affected with
a public interest within this State; to create a Public Service
Commission and to prescribe and define the powers and duties
thereof; prescribe qualifications and residence of its mem-
bers; to abolish the Railroad Commission and to confer-the
powers and duties now vested by law therein, on the Florida
Public Service Commission hereby created; to provide for the
continuance, transfer and completion of matters and proceed-
ings now pending; to provide for appeals; to provide for ap-
propriations therefore; to declare the effect of this Act and
prescribe penalties for the violations of the provisions thereof;
and to repeal all acts contrary to the provisions of this Act.
Which was read the first time by its title and referred to
the Committee on Public Utilities.
By Messrs. Overstreet of Dade; Dekle, Sheldon and Martin
of Hillsborough; Frank and Folks of Marion; Fearnside and
Douglas of Putnam; Jenkins and Harris of Alachua; Hodges
of Orange; Papy of Monroe; Clement of Pinellas; Fraser of
Baker; Dishong of DeSoto; Wotitzky of Charlotte; Peeples of
Glades; Johnson of Hernando; Johnson of Gadsden; West of
Santa Rosa; Leonardy of Seminole; Shave of Nassau; Holt
and Lindsey of Dade; Platt of Collier; Harrell of Hamilton;
Slappey of Gadsden; Lehman of Seminole; Leaird and Burwell
of Broward; Ayers of Gilchrist; Simpson of Jefferson; Berry
of Washington; Sudduth of Bay; Moore of Leon; Holsberry
and Malone of Escambia, and Martin of Polk-
House Bill No. 25:
A bill to be entitled An Act to repeal Subdivision B Section 4,
of Chapter 16848, Laws of Florida, 1935, and to repeal all por-
tions of said Chapter 16848, Acts of 1935, pertaining to or pro-
viding for the assessment, levying, enforcement or collection
of gross receipt taxes, or fee or tax based solely on the gross
receipts from all sales as defined in said Act, and as provided
for in Subdivision B of Section 4, of Chapter 16848, Laws of
Florida, 1935, and repealing all laws in conflict herewith.
Which was read the first time by its. title and referred to the
Committee on Finance and Taxation.
By Messrs. Dekle of Hillsborough; Sheldon of Hillsborough;
Fuller of Pinellas; Clement of Pinellas; Outman of Pinellas;
Howze of Manatee; Ray of Manatee; Surrency of Sarasota;
Wotitzky of Charlotte; Strayhorn of Lee-
House Bill No. 26:
A bill to be entitled An Act to declare, designate and estab-
lish a certain State Road to connect State Road No. 5 with
State Road No. 15.
Which was read the first time by its title and referred to the
Committee on Public Roads and Highways.
By Messrs. Sheldon Martin and Dekle of Hillsborough-
House Bill No. 27:
A bill to be entitled An Act to prohibit the trapping or sell-
ing of quail or bob-white in the State of Florida and providing
for the violation thereof.
Which was read the first time by its title and referred to the
Committee on Conservation.
By Messrs. Sheldon, Martin and Dekle of Hillsborough-
House Bill No. 28:
A bill to be entitled An Act to preserve, protect and advance
the propagation of wild deer in the State of Florida and to
prohibit the killing, slaughtering or taking of wild deer, ex-
cluding the ordinary and usual killing of wild deer during open
season in accordance with the Game Laws of the State of
Florida and to provide penalties for the violation of any of the
provisions of this Act.
Which was read the first time by its title and referred to the
Committee on Conservation.
By Messrs. Sheldon, Martin and Dekle of Hillsborough-
House Bill No. 29:
A bill to be entitled An Act to reserve to the citizens of Flor-
ida all hunting rights and privileges for wild and game birds
and game animals upon any land to which the legal title is
vested in the State of Florida or any Board, Bureau, or Com-
mission created by the State of Florida or any political sub-
division thereof and excluding from the provisions of this Act,

parks, breeding grounds or game preserves.
Which was read the first time by its title and referred to the
Committee on Conservation.

April 6, 1939

A bill to be entitled An Act relating to persons who have
been adjudged insane or found incompetent, to provide for
the service of process upon such persons and upon their guar-
dians ad litem, and to regulate the procedure in suits against
such persons.
Which was read the first time by its title and referred to
the Committee on Judiciary B.

OF REPRESENTATIVES 19

By Messrs. Sheldon, Martin and Dekle of Hillsborough-
House Bill No. 30:
A bill to be entitled An Act to fix the time for open season
for the killing or taking of all wild or game birds and game
animals; and repealing all laws in conflict and providing pen-
alties for the violation thereof.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Messrs. Sheldon, Dekle and Martin of Hillsborough-
House Bill No. 31:
A bill to be entitled An Act to Prohibit the Sale, Disposition,
or Exchange in Florida of goods, wares and merchandise manu-
factured or mined in whole or in part by convicts or prisoners
(except convicts or prisoners on parole or probation); pro-
viding for the sale of such goods, ware and merchandise to
any federal, state, county, or town government, or other poli-
tical subdivision thereof, and providing penalties for the viola-
tion of this Act.
Which was read the first time by its title and referred to
the Committee on Judiciary "D".
By Messrs. Sheldon, Martin and Dekle of Hillsborough-
House Bill No. 32:
A bill to be entitled An Act Relating to Fishing in and tak-
ing from the fresh waters of the State of Florida, any fish
during the period beginning on the 15th day of February of
each year and ending on the 15th day of April of the same
year and making territorial exceptions thereto, and prohibit-
ing the possession of fresh water fish during the closed sea-
son, and providing penalties for the violation of this Act.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Messrs. Sudduth and Stokes of Bay-
House Bill No. 33:
A bill to be entitled An Act Amending Section 1318 Com-
piled General Laws of 1927, relative to speed of motor vehicles,
being paragraph one of Chapter 10186 General Laws of 1925.
Which was read the first time by its title and referred to
the Committee on Public Roads & Highways.
By Mr. Christie of Duval-
House Bill No. 34:
A bill to be entitled An Act to Amend An Act entitled: "An
Act Relating to the Disposition of Unclaimed Funds in the
hands of Receivers or other representatives of persons, firms
or corporations that have been or are in the process of volun-
tary or involuntary liquidation under the Laws of this State,"
being Chapter 12035, Laws of Florida, approved June 4, 1927,
and to provide for judicial proceedings to determine the ex-
istence and rights, if any, of claimants to such funds, and for
service of process in such proceedings upon unknown persons
and claimants, and further to provide for the disposition of
such funds.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Mr. Christie of Duval-
House Bill No. 35-
A bill to be entitled An Act to prescribe a method by which
any person formerly a non-resident who has become a resi-
dent and citizen of the State of Florida and has adopted a
place of domicile in this state may establish record evidence
of the fact of such change of residence, citizenship and place
of domicile; prescribing the duties of the Attorney General of
the State of Florida and of the clerks of the circuit courts of
the several counties of the State of Florida in connection
therewith and fixing fees to be charged by such clerks; and
prescribing a method for revoking such change of residence,
citizenship and place of domicile.
Which was read the first time by its title and referred to
the Committee on Judiciary A.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 36:

JOURNAL OF THE HOUSI

By Mr. Peeples of Glades-
House Bill No. 37:
A bill to be entitled An Act for the relief of Glades County,
Florida, and to cancel that certain debt due the State of Flor-
ida by the said Glades County for a loan executed under Chap-
ter 11,842, Laws of Florida, Acts of 1927.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. Slappey of Gadsden-
House Bill No. 38-
A bill to be entitled An Act providing for the disposition
of the personal effects of deceased inmates of certain insti-
tutions of the State of Florida when there are no apparent
heirs.
Which was read the first time by its title and referred to
the Committee on State Institutions.
By Messrs. Slappey of Gadsden. Drummond of Holmes,
Scales of Taylor and Stewart of Hendry-
House Bill No. 39-
A bill to be entitled An Act to amend the negotiable instru-
ments law.
Which was read the first time by its title and referred to
the Committee on Judiciary B.
By Messrs. Slappey of Gadsden, Scales of Taylor, Drum-
mond of Holmes and Stewart of Hendry-
House Bill No. 40:
A bill to be entitled An Act to repeal Chapter 17908, Acts of
1937, relating to investment by banks and other financial in-
stitutions.
Which was read the first time by its title and referred to
the Committee on Banks and Loans.
By Messrs. Smith of Clay and Sikes of Okaloosa-
House Bill No. 41:
A bill to be entitled An Act repealing Section 14 of Chapter
18285, Laws of Florida, Acts of 1937, entitled "an act creating
a State Welfare Board and District Welfare Boards and pro-
viding for their appointment, qualifications, powers and
duties; providing that said State Board shall be the agent
for the United States, State, County and Municipal Govern-
ments in the administration of funds for the relief of unfor-
tunates; and authorizing the said Boards to act as agent for
the United States, State, County and Municipal Governments
in the administration of any funds for investigations, social
welfare work, or any other work incident to the public wel-
fare of the United States, State, County and Municipal Gov-
ernments; authorizing the State Welfare Board to promulgate
the rules and regulations necessary to carry out the intent
and purposes of this Act; providing for the supervision of
State and local institutions for destitute or dependent chil-
dren and providing for the disposition, care, protection, sup-
port and maintenance of dependent children; authorizing the
State Welfare Board to establish minimum standards of care
for all local public and private institutions or agencies; cre-
ating the office of State Welfare Commissioner and providing
for his appointment, providing that this Act shall not affect
the enforcement of Chapter 9274, Acts of 1923, of Chapter
11834, and 13384, Acts of 1927, of Chapter 13620, Acts of 1929
and Acts amendatory thereof; repealing all other laws or
parts of laws in conflict herewith; and making appropria-
tions to carry out the purposes of said Act; and fixing the
qualifications of persons entitled to monetary benefits or as-
sistance under this Act.
Which was read the first time by its title and referred to
the Committee on Public Welfare.
By Mr. Christie of Duval-
House Bill No. 42:
A bill to be entitled An Act providing for the formation of
limited partnerships, prescribing the purposes for which such
partnerships may be formed and the rights and liabilities of
general and limited partners: the rights of creditors of limited
partnerships, and providing for the dissolution and liquidation
of such partnerships.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Mr. Farabee of Hardee--
House Bill No. 43:

A bill to be entitled An Act to provide for the preparation
of full and adequate information concerning the sources of
taxation and public expenditure in connection with the main-

E OF REPRESENTATIVES April 6, 1939

tenance of State and County Government under the direction
of the State Department of Education, and for the compila-
tion of such information shall be made available in the pub-
lic schools of this State.
Which was read the first time by its title and referred to
the Committee on Education "A".
By Mr. Finch of Jackson-
House Bill No. 44:
A bill to be entitled An Act to fix the salaries to be paid by
the State of Florida to all Circuit Judges of the State and to
provide for the payment thereof.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Mr. Dishong of DeSoto-
House Joint Resolution No. 45:
A JOINT RESOLUTION proposing an amendment to Article
IX of the Constitution of the State of Florida. relating to taxa-
tion and finance, by adding thereto an additional section au-
thorizing the Legislature of the State of Florida to allocate
and distribute to the several counties of the State, certain ex-
cise taxes now levied and collected and to be hereafter levied
and collected by the State of Florida.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA, That the following amendment to Ar-
ticle IX of the Constitution of the State of Florida, relating to
taxation and finance, by adding thereto an additional section
to be known as Section 15 of said Article IX, authorizing the
Legislature of the State of Florida to allocate and distribute to
the several counties of the State, certain excise taxes now levied
and collected and to be hereafter levied and collected by the
State of Florida, is hereby agreed to and shall be submitted to
the electors of the State of Florida for ratification or rejection
at the next general election of Representatives to be held in
1940, as follows:
"Section 15. The Legislature shall have the power to allocate
and distribute to the several counties of the State, in such
sums and amounts, and at such times as the Legislature shall
hereafter determine, any portion of or all excise taxes now
levied and collected, or 'hereafter levied or collected, by the
State of Florida from the operation of race tracks, pari-mutuel
pools, legalized gambling, or places of amusement."
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Messrs. Dishong of DeSoto, and Griner of Dixie-
House Bill No. 46:
A bill to be entitled An Act to repeal Chapter 14832, Acts of
1931, as amended being an Act to provide for a State Racing
Commission to prescribe its powers and duties, and to fix the
compensation of its members; to provide for holding referen-
dum and recall elections in any County to determine whether
racing shall be permitted or continued therein; to provide for
licensing and taxing such racing and apportioning the moneys
derived therefrom among the several counties of the State to
provide for and regulate the making of pari-mutuel pools
within the enclosure of licensed race tracks; providing certain
penalties for the violation of this Act, and for other purposes
relating thereto.
Which was read the first time by its title and referred to the
Committee on Finance & Taxation and Public Amusements.
By Mr. Farabee of Hardee-
House Bill No. 47:
A bill to be entitled An Act to fix the time when citrus fruits
in the State of Florida shall be deemed mature; providing for
the shipment of citrus fruits in the State of Florida, Both in
Interstate and Intrastate Commerce.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Mr. Outman of Pinellas-
House Bill No. 48:
A bill to be entitled An Act relating to general elections held
in the State of Florida, providing for the preparation and form
of ballot to be used in connection therewith, authorizing the

voting of a straight party ticket, providing for the voting on
approval or ratification of constitutional amendments or other
questions legally submitted in the general election, providing
for the number of ballots to be furnished for the conduct of
such general elections for each voting precinct, and repealing
Sections 317, 318, 320, 321, 322 and 323, Compiled General Laws

of Florida, 1927, being Sections 261, 262, 264, 265, 266 and 267,
respectively, Revised General Statutes, 1920.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Morrow and Beck of Palm Beach; Sinclair and
Marchant of Polk; Sheldon, Martin and Dekle of Hillsborough;
Christie of Duval; Collins of Leon; Clement, Fuller and Out-
man of Pinellas; Strayhorn of Lee; Gillespie of Volusia; Allen
of Suwannee; Turner and Versaggi of St. Johns; Fraser of
Baker; Papy of Monroe; Leonardy and Lehman of Seminole;
Douglas of Putnam; Berry of Washington; Crary of Martin;
Bruns of Osceola; Henderson of Volusia; Smith of Clay; Mc-
Carty of St. Lucie; Harrell of Indian River-
House Bill No. 49-
A bill to be entitled An Act providing for the creation of a
firemen's relief and pension fund in certain cities and towns
of the State of Florida not now having an established similar
fund; creating a board of trustees in such municipalities to
administer the fund; designating the powers and duties of
such boards; prescribing who shall receive a pension or relief
out of the newly created pension funds; authorizing certain
cities and towns to levy and impose an excise or license tax on
the gross receipts of certain insurance companies on all pre-
miums collected on fire and tornado insurance policies cov-
ering property within such cities and towns; requiring a cer-
tified copy of the ordinance imposing such tax to be deposited
with the state comptroller and treasurer; providing that such
tax when imposed and paid shall be credited on the state tax
imposed on such insurance premiums; creating a special fund
for the reception of such taxes; providing for the deposit, ap-
propriation and disposition of the proceeds derived from such
taxes and prescribing the duties of certain officials, includ-
ing the state treasurer as treasurer and insurance commis-
sioner, with reference thereto; requiring certain insurers to
make annual reports to the state treasurer and repealing all
laws in conflict with this law.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Mr. Lewis of Gulf-
House Joint Resolution No. 50:
A Joint Resolution proposing an amendment to Article IX
of the Constitution of Florida relating to taxation and finance
by adding thereto an additional section, to be known as Sec-
tion 15, specially forbidding the adjustment, compromise or
cancellation of any state, county or district tax which has
been legally assessed and levied.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Article IX of the Con-
stitution of Florida relating to taxation and finance by adding
thereto an additional Section, to be known as Section 15 of
said Article IX, specially forbidding the adjustment, com-
promise or cancellation of any State, County or District tax
which has been legally assessed and levied, is hereby agreed
to and shall be submitted to the electors of the State of Flor-
ida for ratification or rejection at the next general election to
be held in 1940, as follows:
"Section 15. No State, County or District tax which has been
legally assessed and levied shall ever be adjusted, compromised
or cancelled."
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Messrs. Overstreet, Holt and Lindsey of Dade-
House Bill No. 51:
A bill to be entitled An Act amending Section 20 of Chap-
ter 15789 of the Acts of the Legislature of the State of Florida,
1931 Extraordinary Session, and providing for the distribu-
tion of all intangible personal property taxes by the tax col-
lector of the county in which the collection is made and pro-
viding for the distribution by the tax collector of fifty per
cent of the taxes so collected into the Treasury of the State
of Florida as part of the general revenue funds of the State
of Florida; twenty-five per cent to be paid into the general
revenue fund of the county in which the said tax is assessed
and collected and twenty-five per cent to be paid into the
general revenue fund of the municipality in the event the
taxpayer is a resident of a municipality and in the event said

taxpayer is not a resident of any municipality in said county
then said twenty-five per cent provided to be paid to the
municipality shall be paid into the general revenue fund of

21

the county, and further designating the duties of the tax as-
sessor with reference to the specification of the residence of
the taxpayer on the tax assessment rolls.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Mr. Becton of Wakulla-
House Bill No. 52:
A bill to be entitled An Act for the relief of Bert M. Thomas
of Leon County, Florida, and providing for refund by the
Comptroller of the State of Florida, and the Board of County
Commissioners for Wakulla County, Florida, of State and
county taxes erroneously assessed and collected from him, and
making appropriation therefore.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Holt, Overstreet and Lindsey of Dade-
House Bill No. 53:
A bill to be entitled An Act to provide for the service of
process on the directors of dissolved corporations as trustees
of such dissolved corporations.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Joint Resolution No. 54:
A Joint Resolution Proposing an Amendment to Section 2
and to Section 4 of Article V of the Constitution of Florida
relating to the Judiciary Department.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE
OF FLORIDA:
That the following amendment of Section 2 and Section
4, respectively, of Article V of the Constitution of the State
of Florida, be, and the same is hereby agreed to, and shall
be submitted to the electors of the State of Florida at the next
general election to be held on the first Tuesday after the first
Monday in November, 1940, for ratification or rejection.
Section 2. (a) The Supreme Court shall consist of seven
(7) Justices and the term of office of each Justice shall be
six years; no term of any incumbent shall be affected by this
amendment.
(b) Each Justice of the Supreme Court shall be elected by
the qualified electors of the State at the time and places of
voting for members of the legislature, at the general election
next preceding the expiration of each term of such office.
(c) In the event of the ratification of this amendment it
shall not take effect until ninety days thereafter and it shall
thereupon be the duty of the then Governor to appoint one
additional Justice of the Supreme Court and he shall hold
office from the date of his appointment until Tuesday after
the first Monday in January, 1943, and his successor shall be
elected at the general election in 1942 to hold office for a
term of six years beginning Tuesday after the first Monday
in January, 1943.
(d) The successors of the Justices of the Supreme Court
shall be elected at the general election next preceding the
expiration of their respective terms of office, but in event
of a vacancy in office of any Justice and there be an un-
expired term the successor shall be elected for the balance
of the unexpired term.
Section 4. (a) The Supreme Court may hear, consider and
determine cases and exercise all its powers and jurisdiction
as a single body in which case a majority of the members
of the Court shall constitute a quorum for the dispatch of
business; or it may exercise its powers and jurisdiction in
divisions.
(b) The Circuit Judges shall at all times be subject to call
to the Supreme Court by that Court or the Chief Justice
thereof, and during the call shall be members thereof as as-
sociate justices to act in place of any absent, disqualified or
disabled justice or for assignment to a division, but no division
shall include more than one circuit judge. A division shall
consist of three members of said court exclusive of the Chief
Justice, and the judgment of a division concurred in by the
Chief Justice shall be the judgment of the Court unless such
case involves (1) capital punishment, or (2) the determina-

tion of a State or Federal constitutional question wherein
shall be brought into controversy the constitutionality of a
Federal or State statute, rule, regulation or municipal ordi-
nance, or (3) there be a dissent to the proposed judgment of
a division by a member thereof or the Chief Justice, or (4)

April 6, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

22 JOURNAL OF THE HOUSI

ordered by the Chief Justice to be considered by two divisions;
whereupon it shall require the consideration of two divisions
and the Chief Justice.
(c) The Chief Justice shall be the chief administrative of-
ficer of the Court and responsible for the dispatch of business
and procuring consistent decisions; he shall not be required
to examine the record of a cause but may accept the con-
clusions of fact found by a division and stated in the opinion
or accompanying statement and act upon the law so stated and
discussed and its application to such fact, but in event of an
equal division between those members properly considering a
cause he shall examine the record and participate therein as
other justices. In the event the Chief Justice be unable to act
for any cause the Justice longest in continuous service and
able to act shall act instead with like effect.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Gillespie of Volusia-
House Bill No. 55:
A bill to be entitled An Act to Amend Section 186 of the
Probate Act, Chapter 16,103, Laws of Florida, Acts of 1933,
by providing also for limitation against estates of non-resi-
dent decedents upon terms and conditions.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 56:
A bill to be entitled An Act to authorize the several County
Solicitors of the Criminal Courts of Record of this State to
impose oaths without the necessity of subpoena, and prescrib-
ing the penalties for making a false oath.
Which was read the first time by its title and referred to
the Committee on Judiciary "C".
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 57:
A bill to be entitled An Act to authorize the filing of in-
formations based on affidavits taken before the county solici-
tors of the criminal courts of record or any assistant county
solicitor, and providing for penalties for making a false affi-
davit.
Which was read the first time by its title and referred to the
Committee on Judiciary "C."
By Mr. Fearnside of Putnam-
House Bill No. 58:
A bill to be entitled An Act to fix the maximum speed limits
of certain motor vehicles operated and driven on public high-
ways outside of incorporated cities and towns; to provide
penalties for violation of this Act and repeal all laws and parts
of laws in conflict herewith.
Which was read the first time by its title and referred to the
Committee on Public Roads and Highways.
By Messrs. Fearnside of Putnam and Henderson of Volusia-
House Bill No. 59:
A bill to be entitled An Act providing for the licensing of
persons operating motor vehicles upon highways and to make
uniform the law relating thereto.
Which was read the first time by its title and referred to the
Committee on Motor Vehicles and Carriers.
By Mr. Fearnside of Putnam--
House Bill No. 60:
A bill to be entitled An Act to promote public safety by
creating the Department of the Florida Highway Patrol to en-
force certain traffic and motor vehicle regulatory laws, and
other laws providing for safety on the public highways; pro-
viding for the administration of said highway patrol, and the
duties and compensation of the employees of said highway
patrol.
Which was read the first time by its title and referred to the
Committee on Public Roads and Highways.
By Mr. Martin of Hillsborough-

House Bill No. 61:
A bill to be entitled An Act granting a Confederate pension
to Darwin Branch Givens, of Hillsborough County, Florida.
Which was read the first time by its title and referred to the
Committee on State Pensions.

E

By Messrs. Getzen of Sumter, Fraser of Baker, Inman of
Bradford, Scofield of Citrus-
House Bill No. 69:
A bill to be entitled An Act designating the person to whom
,monies are to be paid upon the death of said person receiving

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OF REPRESENTATIVES April 6, 1939

By Messrs. Lewis of Levy and Sikes of Okaloosa-
House Bill No. 62:
A bill to be entitled An Act accepting for the State of
Florida the Federal Grant for rural library service as provided
for in title III of U. S. Senate Bill 1305, "A Bill to Promote the
General Welfare through Appropriation of Funds to Assist the
States and Territories in Providing more Effective Programs
of Public Education," or any grant or grants in any subsequent
similar bill; providing for the administration of such grants in
this State; making certain requirements of the State Library
Board as to knowledge, efficiency and tenure of its employees
directly connected with library administration, and amending
Section 1689 of the Compiled General Statutes of Florida to
conform to those requirements; providing that the State Treas-
urer of Florida shall be trustee and custodian of Federal Funds
granted to Florida for rural library service and accepted under
this Act; and providing that the State Library Board shall
make such reports to the U. S. Commissioner of Education
concerning the expenditure of Federal Funds for rural library
service in Florida and progress secured by such expenditure as
the Commissioner shall require.
Which was read the first time by title and referred to the
Committee on Education "B."
By Messrs. Slappey of Gadsden, Drummond of Holmes, Stew-
art of Hendry and Scales of Taylor-
House Bill No. 63:
A bill to be entitled An Act relating to the sale of pledged
collateral amending Section 4845, revised General Statutes
of 1920.
Which was read the first time by its title and referred to
the Committee on Banks and Loans.
By Messrs. Finch and Pickels of Jackson-
House Bill No. 64:
A bill to be entitled An Act providing for a Jury Commis-
sion in various counties, the selection of jurors for such coun-
ties, and the placing of their names in the jury box.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Slappey of Gadsden-
House Bill No. 65:
A bill to be entitled An Act to amend Sections 1559 and
1560 of the Revised General Statutes of Florida of 1920, the
same being Sections 2404 and 2405 of the Compiled General
Laws of Florida, 1927, as amended by Chapter 14691, Laws of
Florida, Acts of 1931, relating to county depositories and
county finances, providing that banks may be county deposi-
tories and how the same may qualify as such, providing for
interest on deposits.
Which was read the first time by its title and referred to
the Committee on Banks and Loans.
By Mr. Clement of Pinellas-
House Bill No. 66:
A bill to be entitled An Act for the relief of Elego Vasiliou
Johns.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. Clement of Pinellas-
House Bill No. 67:
A bill to be entitled An Act for the relief of Olga Andrea
Christodoulou.
Which was read the first time by its title and referred to
the committee on Claims.
By Mr. Slappey of Gadsden-
House Bill No. 68:
A bill to be entitled An Act exempting from the require-
ment for the payment of an Excise Tax imposed by Chapter
15787, Laws of Florida, Acts of 1931; renewals of promissory
notes and certificates of deposit; and repealing Chapter 17890,
Laws of Florida, Acts of 1937.
Which was read the first time by its title and referred to
the Committee on Banks and Loans.

benefits by and through the State Welfare Board; to repeal
all laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Public Welfare.
By Mr. Martin of Hillsborough-
House Bill No. 70:
A bill to be entitled An Act providing for the cancellation
of all outstanding tax sales certificates held and owned by
the State of Florida and all tax liens for unpaid State and
county taxes on certain lands situated in Hillsborough County,
Florida.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Messrs. Finch and Pickels of Jackson-
House Bill No. 71:
A bill to be entitled An Act to provide that in all Appeals
and Writs of Error taken to the Supreme Court of Florida
from any lower courts, the appellees, or any one of them, and
the defendants in error or any one of them, shall have the
right to file cross assignments of error and have reviewed by
the Supreme Court all rulings, orders, judgments and decrees
adversely affecting such appellee or defendant in error, in-
cluding orders requiring a plaintiff or plaintiffs to enter a
remittitur to his or their judgment as an alternative to the
granting of a new trial, and conferring upon the Supreme
Court to the power to award judgment or relief to the party
or parties filing such cross assignment of errors.
Which was read the first time by its title and referred to
the Committee on Judiciary C.
By Messrs. Martin, Sheldon and Dekle of Hillsborough-
House Bill No. 72:
A bill to be entitled An Act creating a branch of the Florida
State Hospital; providing for the location of a branch of the
Florida State Hospital; providing for the management and
control of the branch of the Florida State Hospital; and to
make an appropriation to carry out the purposes of this Act.
Which was read the first time by its title and referred to
the Committee on State Institutions.
By Messrs. Martin, Sheldon and Dekle of Hillsborough-
House Bill No. 73:
A bill to be entitled An Act to regulate the employment of
minors; to provide for minimum ages for certain employ-
ments; describing street trades; requiring employers where
minors are employed to post and keep posted certain extracts
of this act and to keep certain records; providing for the de-
termination of hazardous occupations and for the issuance of
employment certificates and the administration of the pro-
visions of this Act by the Florida Industrial Commission and
for the issuance of rules and regulations in connection there-
with; providing penalties for violations of this Act; and ap-
propriating the sum of four thousand dollars ($4,000.00) an-
nually.
Which was read the first time by its title and referred to
the Committee on Labor.
By Messrs. Martin, Sheldon and Dekle of Hillsborough-
House Bill No. 74:
A bill to be entitled An Act providing for the incorporation,
licensing and regulation of corporations not for profit for the
purpose of operating non-profit hospital service plans ex-
empting such corporations from all other provisions of the
insurance laws of the State of Florida, providing penalties for
the violation of the provisions of this Act, and repealing all
laws in conflict therewith.
Which was read the first time by its title and referred to
the Committee on Public Health.
By Mr. Ray of Manatee-
House Bill No. 75:
A bill to be entitled An Act to amend Sections 3803 and 3818
of Revised General Statutes of Florida, 1920, the same being
Sections 5676 and 5691 of Compiled General Laws of Florida,
1927, relating to married women's acknowledgments and the
validation of conveyances of married women defective in ac-
knowledgment.
Which was read the first time by its title and referred to
the Committee on Judiciary B.
By Messrs. Finch and Pickels of Jackson--
House Bill No. 76:

A bill to be entitled An Act to abolish contributory negli-
gence as a bar to recovery and to provide for apportionment

23

of Damages when defendant's negligence exceeds plaintiff's
negligence.
Which was read the first time by its title and referred to
the Committee on Judiciary C.
By Mr. Lewis of Levy-
House Bill No. 77:
A bill to be entitled An Act in relation to taxation and to the
assessment of property for taxation: to provide for the
equalization of taxes; creating a State Tax Commission, and
prescribing its jurisdiction, powers and duties and how they
should be exercised; fixing the compensation of its members;
regulating and prescribing the duties of other officials of the
several counties and of the State in relation to the State Tax
Commission; fixing the compensation of the State Tax Com-
mission, and making an appropriation for its compensation
and expenses; providing for penalties and punishment for
failure to comply with this Act.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Messrs. Martin, Sheldon and Dekle of Hillsborough-
House Bill No. 78:
A bill to be entitled An Act providing for a re-registration
of all voters for all elections to be held in the year 1940 and
subsequent General Election years thereafter, in counties of
this State having a population of 100,000 or more according
to the last State or Federal census, and providing for re-
registration for General Elections in the office of the Super-
visor of Registration only, and providing for the time of
opening and closing the Primary and General Election regis-
tration books, and providing for the number of General Elec-
tion registration books required and their designation, and
providing that it be not necessary to publish a list of the
registered and qualified electors, and providing for the iden-
tification of applicants for registration when deemed neces-
sary, and providing for the County Commissioners to alter,
change and create new election districts with the co-opera-
tion of the Supervisor of Registration, and providing for a
Chief Deputy in the office of the Supervisor of Registration
and his compensation, and providing for the eligibility of the
Supervisor of Registration to be appointed or elected to any
other office, and providing for the compensation of the
Supervisor of Registration.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Finch and Pickels of Jackson and Holt of Dade-
House Bill No. 79:
A bill to be entitled An Act repealing exemptions for jury
service.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Finch and Pickels of Jackson and Holt of Dade-
House Bill No. 80:
A bill to be entitled An Act providing for the suspension of
imposition of sentences and placing of defendant upon pro-
bation, the revocation or modification of probation, probation
officers and their duties as such, and the powers of the Courts
of original jurisdiction in criminal actions relating thereto.
Which was read the first time by its title and referred to
the Committee on Judiciary "C".
By Messrs. Martin and Sheldon of Hillsborough-
House Bill No. 81:
A bill to be entitled An Act to regulate private employment
agencies; setting forth definitions; requiring licenses and fees
for such licenses; requiring the filing of bonds; providing the
procedure for filing of claims; providing for the form and
contents of licenses; providing for revocation and suspension
of licenses; requiring schedule of fees to be charged appli-
cants to be posted; prescribing duties of private employment
agencies; setting forth penalties for violations and providing
for financing and enforcement of the provisions hereof.
Which was read the first time by its title and referred to
the Committee on Labor.
By Messrs. Finch and Pickels of Jackson-
House Bill No. 82:
A bill to be entitled An Act to define what constitutes Title
to wild or unoccupied lands in the State of Florida, and pro-

viding that any bona fide claimant to lands who has a con-
nected chain of title to lands, extending over a period of
twenty years, spread upon the deed records of the county or

April 6, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

24

counties in which such lands are situated, and who has by
himself or by his predecessors in title paid all State and
County and other taxes assessed against such lands during
such period of twenty years, shall be deemed and held to have
title to such lands.
Which was read the first time by its title and referred to
the Committee on Judiciary B.
By Mr. Overstreet of Dade-
House Bill No. 83:
A bill to be entitled An Act providing for the creation of a
legislative council; defining its duties and powers and pro-
viding an appropriation therefore.
Which was read the first time by its title and referred to
the Committee on Appropriations.
By Messrs. Finch and Pickels of Jackson-
House Bill No. 84:
A bill to be entitled An Act to prescribe a period of limita-
tion of ten years for the enforcement of tax certificates issued
against lands, whether for State and County taxes or for mu-
nicipal taxes, held by the State of Florida or by any private
person or holder thereof, and allowing a period of six months
from the passage of this Act for the institution of suit or
taking of other action for the enforcement of or recovery on
tax certificates that become ten years old.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Messrs. Cooley and Robinson of Lake-
House Joint Resolution No. 85:
A Joint Resolution proposing an amendment to Article V,
Sections 21, 22 and 23, of the Constitution of the State of
Florida, providing for abolishing Justice of the Peace Courts
and the office of Justice of the Peace; providing that the
jurisdiction of the Justice of the Peace Courts heretofore ex-
ercised shall be taken over and exercised by the County Judge
of each County, and abolishing the office of Constable and
repealing Section 23 of Article V of the State Constitution.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
Section 1. That the following amendment to Section 21 of
Article V of the Constitution of the State of Florida relating
to Justice of Peace be and the same is hereby agreed to and
shall be submitted to the qualified electors of the State of
Florida for ratification or rejection at the General Election
to be held on the first Tuesday after the first Monday in No-
vember, A. D. 1940:
Section 21. The office of Justice of the Peace is hereby
abolished and the authority of the County Commissioners to
create Justice of the Peace Districts is hereby abrogated.
Section 2. That the following amendment to Section 22
of Article V of the Constitution of the State of Florida re-
lating to Justice of Peace be and the same is hereby agreed
to and shall be submitted to the qualified electors of the State
of Florida for ratification or rejection at the General Election
to be held on the first Tuesday after the first Monday in No-
vember, A. D. 1940:
Section 22. The jurisdiction heretofore had and exercised
by Justices of the Peace and Justice of the Peace Courts in
this State, either in criminal or civil cases is hereby trans-
ferred to the County Judge of the several counties of this
State and all powers heretofore conferred upon Justices of the
Peace in exercising and in carrying out their jurisdiction,
powers and duties is hereby conferred on the County Judge
of the County in which the Justice of Peace Court was located.
Section 3. That the following amendment to Section 23 of
Article V of the Constitution of the State of Florida relating
to Constable be and the same is hereby agreed to and shall be
submitted to the qualified electors of the State of Florida for
ratification or rejection at the General Election to be held on
the first Tuesday after the first Monday in November, A. D.
1940.
Section 23. The office of Constable is hereby abolished and
all of the powers, authority and duties heretofore vested in
the office of Constable is hereby transferred to and conferred
upon the sheriffs of the several counties of this State.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Messrs. Finch and Pickels of Jackson and Holt of Dade-
House Bill No. 86:

A bill to be entitled An Act providing for and regulating
the drawing of Grand Juries and Petit Juries in term time

April 6, 1939

and in vacation, the organization thereof, the length of service
of jurors, the duties of the Clerks of Courts relative thereto,
and the repeal of Sections 4455, 4456, 4457, 4458, 4459, 4460
and 4461 Compiled General Laws of Florida of 1927, Sections
2777, 2778, 2779, 2780, 2781, 2782 and 2784, Revised General
Statutes of Florida of 1920, and Chapter 12068, Laws of
Florida of 1927 and Chapter 13675, Laws of Florida of 1929.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Morrow of Palm Beach-
House Bill No. 87:
A bill to be entitled An Act amending Section 9 of Chapter
18296, Laws of Florida, Acts of 1937, entitled: "An Act relat-
ing to and concerning taxation and providing for the sale of
tax certificates together with subsequent omitted or levied
taxes; and further providing for vesting of title to land cov-
ered by tax certificates in State of Florida.", providing how
long such Act shall remain in full force and effect; providing
further that the fee simple title to all lands against which
there remain outstanding tax certificates shall remain vested
in the owner thereof; and providing further that any valid
lien of any person, special taxing district, or municipal cor-
poration shall not be impaired by virtue of this Act; and pro-
viding for the repeal of all laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Mr. Harrell of Hamilton-
House Bill No. 88:
A bill to be entitled An Act amending Section 19 of Chapter
15789, Laws of Florida, Acts of 1931 defining and classifying
intangible personal property for the purpose of taxation and
the levy and collection of taxes upon such intangible personal
property, said Act being cited or referred to as "Intangible
Personal Property Taxation Act of 1931". To provide by such
amendment that the lien of such intangible personal proper-
ty taxes shall be upon all the real or personal property of the
taxpayer in the County in which they are assessed from the
time the tax becomes due and a lien in other counties from
the time action is taken to enforce such taxes in such other
counties from the time action is taken to enforce such taxes
in such other counties and to subordinate said lien, whether
heretofore or hereafter accruing to the lien of bona fide prior
existing mortgages and vendors' liens; and further providing
for the enforcement of such prior mortgages or vendors' liens
against such tax liens of the State of Florida and consenting
to such suits to enforce such prior liens with the making of
the Comptroller of the State of Florida a party-defendant
for and on behalf of the State of Florida.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Messrs. Getzen of Sumter and Scofield of Citrus.
House Bill No. 89:
A bill to be entitled An Act making it unlawful for any
person, firm or corporation to remove or cause to be removed
any property, goods or chattels in the possession of another
without first obtaining permission of the person having the
possession, custody and control thereof, and providing a pen-
alty therefore; and repealing any laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Judiciary "C".
By Messrs. Morrow and Beck of Palm Beach-
House Bill No. 90:
A bill to be entitled An Act amending Section 7 of Chapter
17976, Laws of Florida, Acts of 1937 and making specific pro-
vision for the payment by the curator of the property of a
weak minded or physically incapacitated person from the
assets of the estate of such person of all costs and expenses
of the proceedings in regard to such curatorship, including
compensation to such curator, any guardian therein appointed
and an allowance to such curator, guardian and the petitioner
instituting such proceedings for reasonable attorneys' fees in-
curred or paid in connection with the institution and main-
tenance of such proceedings and all acts and proceedings
therein and thereunder.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Ray of Manatee-
House Bill No. 91:

A bill to be entitled An Act to Amend Sections 3219, 3220
and 3221 of the Revised General Statutes of Florida, 1920,

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

the same being Sections 5025, 5026 and 5027 of the Compiled
General Laws of Florida, 1927, relating to the removal of dis-
abilities of married women.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Ray of Manatee-
House Bill No. 92:
A bill to be entitled An Act making it unlawful to distribute
political pamphlets, cards or literature of any kind or to
solicit votes or attempt to solicit votes within one hundred
yards of any polling place, at any general, special or primary
election held in this State, and providing for the enforce-
ment and punishment for the violation of this Act.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Malone and Holsberry of Escambia-
House Bill No. 93:
A bill to be entitled An Act Providing for the manner of
obtaining money for the payment of witnesses in certain
courts of this State, and the payment of witness fees in cer-
tain courts of this State, when such witnesses are summoned
before State Attorneys of -Circuit Courts of the State or be-
fore County Solicitors or Prosecuting Officers of any Criminal
Court of Record in this State. Including the Court of Record
of Escambia County, Florida.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Getzen of Sumter, Fraser of Baker and Scofield
of Citrus-
House Bill No. 94:
A bill to be entitled An Act to Amend Sections five (5), six
(6), seven (7), eleven (11), and twenty-seven (27) of Chapter
18011 (No. 305), same being Senate Bill No. 917, Acts of 1937,
same being An Act relating to license taxes, repealing Chapter
14491, and Chapter 14528, Laws of Florida, Acts of 1929; re-
pealing parts of Chapter 2 of Title VI, of Division 1 of the
Revised General Statutes of Florida, of 1920; repealing Chap-
ter 16801 and Chapter 17167, Laws of Florida, Acts of 1935;
imposing certain license taxes and providing for the payment
and collection thereof, and providing that license taxes shall
be a lien on the property of the person liable therefore, under
certain circumstances.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Mr. Strayhorn of Lee-
House Bill No. 95:
A bill to be entitled An Act for the relief of E. L. Smith, of
Lee County, Florida.
Which was read the first tnie by its title and referred to
the Committee on Claims.
By Mr. Strayhorn of Lee-
House Bill No. 96:
A bill to be entitled An Act governing the sale of real estate
by Tax Collectors for non-payment of taxes; providing for
the issuance of Tax Collector's Deeds; and fixing the time the
same may be redeemed; and fixing the Tax Collector's Fee
for issuing and redeeming said deeds; and creating a County
Delinquent Land Board in each county and prescribing their
duties.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Mr. Strayhorn of Lee--
House Bill No. 97:
A bill to be entitled An Act amending Section 5 and Section
11 of Chapter 18011 of the General Laws of Florida, Acts of
1937; the same being an Act relating to license taxes, imposing
certain license taxes and providing for the payment and col-
lection thereof, and providing that license taxes shall be a lien
on the property of the persons liable thereof under certain
circumstances.
Which was read the first time first time by its title and referred to the
Committee on Finance & Taxation.
By Messrs. Jenkins and Harris of Alachua.
House Bill No. 98:

A bill to be entitled An Act making a continuing appropria-
tion to the Agricultural College fund and transferring the in-
terest received on said fund to the General Fund to the Gen-
eral Revenue Fund.
sea 0*
*4" *"

April 6, 1939

Mr. Beck moved that the rules be waived and that House
Memorial No. 2 be read the second time by its title only.
Which was agreed to by a two-thirds vote.
And House Memorial No. 2 was read the second time by its
title.
Mr. Beck moved that the rules by further waived and House
Memorial No. 2 be read the third time in full and placed upon
its final passage.
Which was agreed to by a two-thirds vote.
And Hoise Memorial No. 2 was read the third time in full.

.*. -" .:.
* '>

%'.

"OF REPRESENTATIVES 25

Which was read the first time by its title and referred to the
Committee on Appropriations.
By Messrs. Jenkins and Harris of Alachua.
House Bill No. 99:
A bill to be entitled An Act to designate the General Library
of the University of Florida as a State Depository of Public
Documents, to provide for furnishing it said documents, and
to authorize and instruct it to exchange said documents and to
supply certain material to the Law Library of the University
of Florida.
Which was read the first time by its title and referred to the
Committee on State Institutions.
By Messrs. Collins of Leon; Lewis of Levy; Morrow of Palm
Beach; as directed by the Special Committee of the Legislature
on Revision and Codification of School Laws, appointed under
Chapter 18136, Acts of 1937, Laws of Florida-
House Bill No. 100:
A bill to be entitled An Act relating to public education, pro-
viding for the organization, establishment, operation, main-
tenance, and support of the State System of Public Education.
Which was read the first time by its title and referred to the
Committee on Education "A."
By Mr. Whitehurst of Highlands-
House Bill No. 101:
A bill to be entitled An Act to provide for the licensing of
Motor Vehicle Operators and Chauffeurs over and upon the
public highways of the State of Florida and to make uniform
the law relating thereto, the enforcement thereof, and to pro-
vide for its operation.
Which was read the first time by its title and referred to the
Committee on Public Roads and Highways.
By Mr. Lewis of Levy-
House Bill No. 102:
A bill to be entitled An Act relating to game animals and
game birds; to limit and fix the open season for hunting or
taking of game animals and birds and to limit and fix the
days of the week during the open season in which game ani-
mals and game birds may be hunted and taken.
Which was read the first time by its title and referred to the
Committee on Conservation.
By Messrs. Finch and Pickels of Jackson-
House Bill No. 103:
A bill to be entitled An Act to provide for the service of
process on the directors of dissolved corporations as trustees
of such dissolved corporations.
Which was read the first time by its title and referred to the
Committee on Judiciary "B."
Mr. Beck moved that the rules be waived and the House
revert to the order of introduction of House Memorials.
Which was agreed to by a two-thirds vote.
INTRODUCTION OF HOUSE MEMORIALS
By Messrs. Beck and Morrow of Palm Beach; Peeples of
Glades; Stewart of Hendry; Platt of Collier; Sheldon and
Martin of Hillsborough; Strayhorn of Lee; Crary of Martin;
Burwell and Leaird of Broward; Lindsey, Holt and Overstreet
of Dade; McCarty of St. Lucie-
House Joint Memorial No. 2:
Memorializing the President and Congress of the United
States to increase the sugar quota allotment for Florida.
Which was read the first time by its title.
Mr. Beck asked unanimous consent of the House to take up
and consider House Memorial No. 2 at this time.
Which was agreed to.

REPORT OF SELECT COMMITTEES
REPORT OF BUILDING COMMITTEE OF THE 1939
FLORIDA HOUSE OF REPRESENTATIVES
Gentlemen:
Your undersigned committee begs leave to report as follows:
The State Legislature during 1935 made available one million
dollars ($1,000,000.00) which, supplemented by substantial
grants from the Federal Government, was used in a compre-
hensive construction program extending to the various State
institutions. Included in this program was the erection of the
north wing of the State Capitol, but on account of a shortage
of funds, the entire second story of this wing was left unfin-
ished, there being only provided the four bare walls encasing
the same. It was always planned that this second story would
be used for a new House of Representatives Hall and adjoining
offices and committee rooms.
During the summer of 1938 several nominees of the 1939
House of Representatives, including the Speaker-designate and
former Speaker, were particularly impressed with the desir-
ability of having the said second story completed and available
for use by the 1939 session of the State Legislature. It was
recognized too, that since such space was entirely unsuitable
for any use in its then condition, it constituted waste and in-
efficiency to allow it to remain so, as several State agencies,
not having sufficient office accommodations otherwise, were
paying office rent to private property owners for essential
housing facilities. It was further believed that such project
would normally be authorized and provided for by the 1939
session of the State Legislature and it would be practicable and
sound business policy if the same could in some manner be
made available for use by the 1939 House of Representatives.
This group of interested Representatives made a careful study
of then existing appropriations and laws applicable to the ex-
penditure of funds for such purposes and sought the assistance
of the Board of Commissioners of State Institutions, it being
thought that such Board might serve as an appropriate and
legal contracting body in providing for the work, and that
after its convening the 1939 Legislature would make the funds
available to pay the consideration required by the contracts
entered into. After careful and sympathetic consideration the
said board upon the advice of the Attorney General came to
the conclusion that it had no legal authority to enter into any
such contracts and by reason of such lack of authority de-
clined to proceed further. The members of this Board expressed
the general opinion that the plan to have such work done was
undoubtedly desirable and its refusal to proceed as a contract-
ing body was based solely on account of its legal incapacity to
do so.
The sponsors of the movement, however, felt that such work
could be obtained efficiently and economically, even though
there was no legal entity through which a contract could be

entered into, and decided to pursue the matter further through
an unofficial committee of the 1939 House of Representatives
to be appointed by the Speaker-designate of said body, the
V 0 #

:.* "
... ................
...............
L 44 ** < ^ -,t

April 6, 1939

Honorable G. Pierce Wood. On January 11, 1939, Mr. Wood ap-
pointed the undersigned to serve as said committee with the
instructions that such committee proceed first, to ascertain if
the construction project could be done on an efficient and
economical basis, and second, if the project could be com-
pleted before the convening of the 1939 session of the State
Legislature. The committee was further authorized to proceed
in its discretion if after careful study it considered it advisable
to do so. The committee immediately engaged the services of
M. Leo Elliott, Architect of Tampa, Florida, who designed the
said north wing, to prepare detailed drawings, plans and speci-
fications for the project. Also the advice and counsel of M.
Ross Watson, former Director of the State Building program,
and Mr. Cotton, former head of the State P. W. A., were
solicited and freely and voluntarily given. A call for bids was
duly made and advertised, and bids were received and opened
on January 30, 1939, There were three bona fide bids filed and
award of contract was made to Gallespie Construction Com-
pany of Jacksonville, the lowest bidder. Before this award was
made, your committee was advised by Mr. Cotton and Mr. Wat-
son that in their opinions the bid was reasonable for the work
required.
On the 7th day of February, 1939, the committee entered
into a formal contract with the said Gallespie Construction
Company and actual construction of the work began on Feb-
ruary 11. After the construction work commenced, your com-
mittee similarly negotiated for the purchase of the required
furnishings for said project and the delivery and the installa-
tion of such furnishings were properly coordinated with the
construction work so that all possible delay could be eliminated
and the entire program completed with efficiency and dispatch.
The project was substantially completed on the first day of
the present session and the total cost incurred by your com-
mittee is as follows:
G general Contract ................................................................$69,711.50
Furnishings and fixtures ...-......-....---............ ....-. 17,487.22
M Leo Elliott, Architect .................................................... 5,231.92
Committee expense: Advertising for bids, telegraph,
long distance telephone, travel to committee
meetings, office supplies .-.....-..--..------..... -.........----397.38

Total cost ...................... ..........................................$92,828.02
Detailed information pertaining to all of the above incurred
costs are on file with the committee and are available to any
person who would like to examine the same.
In all, your committee met twenty-three times, not including
the numerous times the individual members inspected the
work. There was not a day from the time of the award of con-
tract until its final completion that a member of your commit-
tee did not personally observe the work being performed. Your
committee feels that the prices paid for all materials was rea-
sonable and economical.
In addition to the House of Representatives Hall there is in-
cluded in the project ten committee rooms, and four offices,
aggregating 8,000 feet of office space which will be available
for other State use between sessions of the Legislature.
While the new House Chamber is equipped with new furnish-
ings, all of the furniture from the old Chamber will be utilized
in the committee rooms and offices.
In conclusion your committee urges each member to be ever
diligent in conserving and protecting the furnishings which
have been provided.
Respectfully submitted,
LEROY COLLINS.
J. H. SCALES.
E. H. SLAPPEY.
Which was read.
Mr. Collins moved the adoption of the report of the Build-
ing Committee of the 1939 Florida House of Representatives.
Pending adoption thereof-
Mr. Collins, chairman of the committee, introduced Mr. M.
Leo Elliott, architect for the House Chamber; Mr. Gordon D.
Perkins of Gallespie and Company, contractors, who had charge
of construction of the House Chamber; Mr. Felix Benton, su-
pervising architect; and Mr. Olen Perkins, office supply
dealer, to the membership of the House.
The question recurred on the adoption of the report of the
Building Committee.

Which was agreed to.
And the report was adopted.

o* .* *

* "' '"' .
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t t -'* "

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Mr. Collins moved that the rules be waived and that the
House do now revert to the order of introduction of House Bills
and Joint Resolutions.
Which was agreed to by a two-thirds vote.
And it was so ordered.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Mr. Finch of Jackson-
House Bill No. 104:
A bill to be entitled An Act fixing the salaries of the Jus-
tices of the Supreme Court, making appropriation to pay the
same, and repealing conflicting laws.
Which was read the first time by its title and referred to
the Committee on Judiciary A.
By Mr. Scofield of Citrus-
House Bill No. 105:
A bill to be entitled An Act providing for and fixing maxi-
mum hours in which State and County prisoners will be re-
quired to work during any one day; providing rest periods for
State and County prisoners; and providing a penalty for the
violation of this act.
Which was read the first time by its title and referred to
the Committee on State Prisons and Convicts.
By Mr. Whitehurst of Highlands-
House Bill No. 106:
A bill to be entitled An Act "Relating to and concerning
taxation, and providing for the sale of Tax Sale Certificates,
together with Subsequent or Omitted Taxes and prescribing
the duties of Tax Collectors and Clerks of the Circuit Courts
of the several Counties of the State of Florida with respect
thereto and to provide for a compromise and adjustment of
such Tax Sale Certificates and Subsequently Levied and Omit-
ted Taxes which have accrued subsequent to the year A. D.
1933, and which are not subject to sale under the provisions
hereof during the operation of this Act."
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Building Committee of the 1939 House of Representa-
tives-
House Bill No. 107:
A bill to be entitled An Act transferring and appropriating
funds to pay the cost of completing and furnishing the North
Wing of the State Capitol and providing for the payment
thereof.
Which was read the first time by its title.
Mr. Collins asked unanimous consent of the House to take
up and consider House Bill No. 107.
Which was agreed to.
Mr. Collins moved that the rules be waived and that House
Bill No. 107 be read the second time by title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 107 was read the second time by title
only.
Mr. Collins moved that the rules be further waived and
that House Bill No. 107 be read the third time in full and
placed upon its final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 107 was read the third time in full.
Upon call of the roll on final passage of House Bill No. 107
the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Bur-
well, Butt, Christie, Clement, Collins, Cooley, Cook, Crary,
Dekle, Dishong, Douglas, Drummond, Dukes, Farabee, Fearn-
side, Finch, Folks, Frank, Fraser, Fuller, Getzen, Gillespie,
Harrell (Hamilton), Harrell (Indian River), Harris, Hender-
son, Hodges, Holsberry, Holt, Howze, Inman, Jenkins, John-
son (Gadsden), Johnson (Hernando), Lanier, Leaird, Lehman,
Leonardy, Lewis (Gulf), Lewis (Levy), Lindsey, Malone, Mar-
chant, Martin (Hillsborough), Martin (Polk), Moore, Morrow,
McCall, McCarty, McLeod, Niblack, Outman, Overstreet, Papy,
Peeples, Pickels, Platt, Ray, Robinson, Scales, Scofield, Shave.

Mr. Collins moved that the rules be further waived and that
House Bill No. 107 be immediately certified to the Senate.
Which was agreed to by a two-third vote.
And House Bill No. 107 was ordered immediately certified to
the Senate.
Mr. Stokes moved that the House extend a vote of thanks
for the efforts of the three members of the Building Com-
mittee, Messrs. LeRoy Collins, E. H. Slappey, and J. H. Scales.
Which was agreed to.
And a vote of thanks was extended to the Committee for
their splendid accomplishments.
Mr. Collins moved that the House do now revert to the reg-
ular order of business.
Which was agreed to.
MESSAGES FROM THE SENATE
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 5, 1939.
Hon. G. Pierce Wood,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted-
By Senator Beacham-
Senate Concurrent Resolution No. 4:
WHEREAS, Florida has not designated a State tree in line
with the custom in most of the other States, and
WHEREAS, the proposed State tree should be broadly dis-
tributed throughout Florida, and
WHEREAS, the Sabal Palmetto, otherwise known as the
cabbage palm, is on the Great Seal of the State, and is typ-
ically Floridian, and
WHEREAS, the Florida Federation of Garden Clubs has
designated the Sabal Palmetto as the State tree; NOW,
THEREFORE,
BE IT RESOLVED BY THE SENATE OF THE STATE OF
FLORIDA, THE HOUSE OF REPRESENTATIVES CONCUR-
RING:
Section 1. That the Cabbage Palm (Sabal Palmetto) be, and
it is hereby, chosen and designated as the State Tree in and
for the State of Florida.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And Senate Concurrent Resolution No. 4 contained in the
above message, was read the first time in full and referred to
the Committee on Resolutions.
And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 5, 1939.
Hon. G. Pierce Wood,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted-
House Memorial No. 1:
By Messrs. Sheldon, Martin and Dekle of Hillsborough,
Burks of Pasco, Peeples of Glades, Ray of Manatee, Beck of
Palm Beach, Adams of Calhoun, Niblack of Columbia, Ayers
of Gilchrist, Lewis of Levy, Inman of Bradford, and Morrow of
Palm Beach.
A RESOLUTION TO MEMORIALIZE THE CONGRESS OF
THE UNITED STATES TO ENACT THE GENERAL WEL-
FARE ACT OF 1937, KNOWN AS H. R. 2, NOW BEFORE
CONGRESS.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.

And House Memorial No. 1 contained in the above message
was referred to the Committee on Enrolled Bills.

April 6, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

28 JOURNAL OF THE HOUSE

And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 5, 1939.
Hon. G. Pierce Wood,
Speaker of the House of Representatives.
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted:
House Concurrent Resolution No. 1:
By Mr. Inman of Bradford-
WHEREAS George VI and Elizabeth, King and Queen of
Great Britain and Ireland and of the Dominions beyond the
Seas, Emperor and Empress of India, soon will be honored
guests of the United States, and,
WHEREAS in Florida, land of flowers, nature joins in ex-
tending royal welcome always, therefore,

;E

OF REPRESENTATIVES April 6, 1939

BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES AND THE SENATE CONCURRING
That all Florida invites their Majesties, bids them welcome,
and to them extends the keys to her cities, lakes, streams and
groves, and to all her many delights.
Very respectfully,
ROBT. W. DAVIS,
Secretary of the Senate.
And House Concurrent Resolution No. 1 contained in the
above message was referred to the Committee on Enrolled
Bills.
The Speaker in the Chair.
Mr. Christie moved that the rules be waived and the House
do now adjourn until 11:00 o'clock tomorrow morning.
Which was agreed to by a two-thirds vote.
Thereupon at the hour of 12:55 P. M. the House stood ad-
journed until 11:00 o'clock A. M. Friday, April 7, 1939.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

FRIDAY, APRIL 7, 1939

The House was called to order by the Speaker at 11:00
A. M. The roll was called and the following members an-
swered to their names:
Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch, Folks,
Frank, Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Du-
val), Harrell (Hamilton), Harrell (Indian River), Harris, Hen-
derson, Hodges, Holsberry, Holt, Howze, Inman, Jenkins, John-
son (Gadsden), Johnson (Hernando), Lanier, Leaird, Leedy,
Leonardy, Lewis (Gulf), Lewis (Levy), Lindsey, Malone, Mar-
chant, Martin (Hillsborough), Martin (Polk), Moore, Morrow,
McCall, McCarty, McLeod, Niblack, Outman, Overstreet, Papy,
Pickels, Platt, Ray, Robinson, Scales, Scofield, Shave, Sheldon,
Sikes, Simpson, Sinclair, Slappey, Smith, Stewart, Stokes,
Strayhorn, Sudduth, Surrency, Tomasello, Turner, Versaggi,
Warren, West, Whitehurst, Wotitzky-93.
A quorum present.
Prayer by the chaplain.
The Speaker announced that he had excused Messrs. Peeples
and Lehman from attendance upon the session of the House
today.
The reading of the Journal was dispensed with.
The Journal of the House of Representatives for April 6
was corrected and as corrected was approved.
CORRECTIONS OF THE JOURNAL
On Page 3, Column 1, on Line 46, add the following:
Sudduth of Bay, Morrow of Palm Beach, Leaird of Broward,
Cooley and Robinson of Lake, and Holsberry of Escambia.
On Page 5, Column 2, add to Line 27 reading from bottom of
page: "and Public Amusements."
The following communications were received and read:
State of Florida
Office of the Attorney General
Tallahassee
April 4th, 1939
Hon. G. Pierce Wood,
Speaker of the House of Representatives,
Tallahassee, Florida.
Dear Sir:
In compliance with the provisions of Section 128, Compiled
General Laws, I hereby recommend Mr. H. B. Minium, Jr.,
as a person experienced in indexing, to supervise and assist
the respective clerks of each branch of the Legislature having
such work in hand in making the index for both the House
and Senate Journals during the Regular Session of the Legis-
lature of 1939.
Very respectfully,
GEORGE COUPER GIBBS,
Attorney General.
The Speaker announced that he had appointed Mrs. J. E.
McNair as House Journal Indexing Clerk and M. M. Parks as
Special Assistant Indexing Clerk as provided by House Reso-
lution No. 11.
Under House Resolution No. 3, the Speaker announced the
following appointments:
Assistant Bill Clerk, Mrs. Callie Mae Bridges.
Assistant Sergeant-at-Arms, J. H. Harvell.
Assistant Sergeant-at-Arms, L. E. Knott.
Assistant Sergeant-at-Arms, H. R. Kaufman.
Assistant Sergeant-at-Arms, H. B. McAdoo.
Assistant Sergeant-at-Arms, John Goff.
Journal Clerk, Jack Minge.
Assistant to Journal Clerk, Ralph Martin.
Assistant to Journal Clerk, Jerry Outman.
Superintendent of Stenographers, Wallace Erwin.
Assistant Engrossing Clerk, Frank X. Carroll.
Assistant Janitor, J. P. Stickney.
Bill Binder, Ivan Cornelius.
Secretary to Speaker, Lila F. Carter.

INTRODUCTION OF HOUSE RESOLUTIONS
By Messrs. Henderson and Gillespie of Volusia-
House Resolution No. 15:
WHEREAS, Honorable Caspian Hale, late of Volusia Coun-
ty, Florida, died on the 24th day of May, A. D. 1938, and
WHEREAS, The Honorable Caspian Hale was a member of
the House of Representatives of the Legislature of the State
of Florida, from Volusia County in 1935 and 1937, and
WHEREAS, The Honorable Caspian Hale was held in high
esteem by his fellow members, and gave much of his time in
public service to the upbuilding of Volusia County, and the
State of Florida, and
WHEREAS, Due to his untimely death, friends in the
County of Volusia and the State of Florida have lost a capable,
public spirited citizen and as a tribute to him join the Poet,
Richard E. Burton, who on the "Dignity of Death" wrote:
Here lies a common man. His horny hands,
Crossed meekly upon his breast,
Show marks of toil, and by his general dress
You judge him to have been an artisan,
Doubtless, could all his life be written out,
The story would thrill and start a tear;
He worked, laughed, loved and suffered in his time,
And now rests peacefully with upturned face,
Whose look belies all struggles in the past.
A homely tale; the gap between a king
And me, a humble citizen in the crowd,
Seemed not so wide as that which stretches now
Betwixt us two-this dead man and myself.
Untitled, though he be, yet he is
Transfigured by a touch from out the skies
Until he wears, with all-unconscious grace,
The strange and sudden dignity of death.
The calm repose, from which no mortal man, though great
or small
Can thus escape enroute from mortal life to vast eternity.
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA, IN
REGULAR SESSION:
That, the House of Representatives, take cognizance of the
untimely passing of one of its former Honored members that
this Resolution of tribute to the late Honorable Caspian Hale,
be spread on the Journal of the House of Representatives,
and that a copy of this Resolution under the Great Seal of
the State of Florida be furnished to the members of the family
of Caspian Hale, and to the Press.
Which was read.
Mr. Henderson moved the adoption of House Resolution
No. 15.
Which was agreed to.
And House Resolution No. 15 was adopted.
By Mr. Clement of Pinellas-
House Resolution No. 16:
WHEREAS on the 19th day of March A. D. 1939, John K.
Cheyney, late of Tarpon Springs, Florida, was called unto his
reward, and,
WHEREAS, the Honorable John K. Cheyney was a pioneer
citizen of South Florida and devoted his life to the upbuilding
of the West Coast and was always interested in any civic and
community progress and devoted generously of his time and
money in the development of the community in which he
lived. In his passing the State of Florida has lost one of her
pioneer citizens and a man who contributed much in the
progress of our State and his loss will be keenly felt. Mr.
Cheyney was a man who worked quietly and unassumingly
always placing the progress of his people above his personal
ambitions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA:
That this State has lost a useful friend who gave his all
for the upbuilding of his community and his State.

29

JOURNAL OF THE HOUSE OF REPRESENTATIVES

----raL,_ I -anal __

I I . E l I[ . -, .... I ... .II II ..

i

By Messrs. Henderson and Gillespie of Volusia

"Jouse 'Resolution 9no. 15

WHEREAS, Honorable Caspian Hale, late of Volusia County,
Florida, died on the 24th day of May, A. D. 1938, and
WHEREAS, The Honorable Caspian Hale was a member of
the House of Representatives of the Legislature of the State of
Florida, from Volusia County in 1935 and 1937, and
WHEREAS, The Honorable Caspian Hale was held in high
esteem by his fellow members, and gave much of his time in pub-
lic service to the upbuilding of Volusia County, and the State of
Florida, and
WHEREAS, Due to his untimely death, friends in the County
of Volusia and the State of Florida have lost a capable, public
spirited citizen and as a tribute to him join the Poet, Richard E.
Burton, who on the "Dignity of Death" wrote:

Here lies a common man. His horny hands,
Crossed meekly upon his breast,
Show marks of toil, and by his general dress
You judge him to have been an artisan,
Doubtless, could all his life be written out,
The story would thrill and start a tear;
He worked, laughed, loved and suffered in his time,
And now rests peacefully with upturned face,
Whose look belies all struggles in the past.
A homely tale; the gap between a king
And me, a humble citizen in the crowd,
Seemed not so wide as that which stretches now
Betwixt us two-this dead man and myself.
Untitled, though he be, yet he is
Transfigured by a touch from out the skies
Until he wears, with all-unconscious grace,
The strange and sudden dignity of death.
The calm repose, from which no mortal man, though great or small
Can thus escape en route from mortal life to vast eternity.

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA. IN
REGULAR SESSION:
That, the House of Representatives, take cognizance of the
untimely passing of one of its former Honored members that this
Resolution of tribute to the late Honorable Caspian Hale, be spread
on the Journal of the House of Representatives, and that a copy
of this Resolution under the Great Seal of the State of Florida be
furnished to the members of the family of Caspian Hale, and to
the Press.

U

a

April 7, 1939

30

BE IT FURTHER RESOLVED that this Resolution be
spread upon the Journal of the House of Representatives as
a token of the State's appreciation for his work and that a
copy, under the Great Seal of the State of Florida, be for-
warded to his daughter, Mrs. Rye Kibbee, Jr., and other mem-
bers of his family.
Which was read.
Mr. Clement moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 16 was adopted.
Mr. Lewis of Gulf moved that the rules be waived and that
when the House do adjourn it adjourn to meet again Monday,
April 10, at 4:00 P. M.
Which was agreed to by a two-thirds vote.

INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Mr. Smith, of Clay-
House Bill No. 108:
A bill to be entitled An Act to amend Section 35 of Chapter
16103, Laws of Florida, Acts of 1933, the same being An Act
relating to wills and the probate thereof, to descent and dis-
tributions of decedents' estates, to dower, to the administra-
tion of decedents' estates and the practice and procedure
relating thereto, to revise and consolidate the law relating
to the estates of decedents and to repeal all laws and statutes
in conflict therewith as amended by Chapter 17171, Laws of
Florida, Acts of 1935, and as further amended by Chapter
18066, Laws of Florida, Acts of 1937, which amendment, how-
ever, shall provide for the dower of a widow in realty and per-
sonalty, ratably subject to the debts of the estate of the dece-
dent along with the remainder of the estate, and shall further
provide that if a decedent be survived by a widow and lineal
descendants and none of such lineal descendants are also
lineal descendants of such widow, then such widow shall be
limited to a child's part irrespective of the terms of the will
of the decedent.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Wotitzky of Charlotte-
House Bill No. 109:
A bill to be entitled An Act to repeal Chapter 16913, Laws of
Florida, Acts of 1935, same being An Act providing that in all
Counties of the State of Florida having a population of not
less than 4000 and not more than 4050, according to the Fed-
eral census of 1930, candidates for election to the Board of
County Commissioners shall be nominated from the County
at large instead of by District.
Which was read the first time by its title and referred to
the Committee on Census & Apportionment.
By Mr. Wotitzky of Charlotte-
House Bill No. 110:
A bill to be entitled An Act to authorize, empower and direct
County Officers, Commissions and Boards, and Municipal
Officers, Commissions, Councils and Boards to purchase those
supplies or materials not needed in large quantities, for pub-
lic use, from dealers within the County or Municipality affect-
ed, notwithstanding the vested interest any official of County
or Municipality may have in the firm or business; provided.
there exists no competitive firm in the County or Municipality
from which the purchase can be made; and provided also that
this Act shall not be construed as requiring such purchases
to be made from a dealer within the County or Municipality
where the cost will be exorbitant; and the purpose being to
make possible the purchase at home of all supplies and ma-
terials that can be obtained at fair prices.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Smith of Clay-
House Bill No. 111:
A bill to be entitled An Act to amend Chapter 14782, Laws
of Florida 1931 by providing for pensions to widows of pen-
sioners who are entitled to receive monthly allowance in the
form of a pension to school teachers who have taught in the
public free schools of the State of Florida for 35 or more years.

Which was read the first time by its title and referred to
the Committee on State Pensions.

31

By Mr. McLeod of Franklin-
House Bill No. 112:
A bill to be entitled An Act transferring to, vesting in, and
imposing and conferring upon the State Board of Conserva-
tion, all duties, powers, and responsibilities relating or pertain-
ing to fish, fishing, and aquatic life, heretofore vested by law
in the Commission of Game and Fresh Water Fish; Providing
for the Transfer from the Commission of Game and Freslh
Water Fish to the State Board of Conservation, of all proper-
ties and supplies accumulated or acquired by it pertaining
exclusively to the powers and duties heretofore vested in said
Commission of Game and Fresh Water Fish, in relation to
fish, fishing, and aquatic life; Repealing conflicting laws.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. McLeod of Franklin-
House Bill No. 113:
A bill to be entitled An Act to amend Sections 2 and 7 of
Chapter 16178, Laws of Florida, of 1933, entitled: "An Act cre-
ating a State Board of Conservation; fixing its powers and
duties; abolishing the Department of State Geologist, the De-
partment of Game and Fresh Water Fish, the office of State
Game Commissioner, the office of Shell Fish Commissioner;
providing for the transfer of property, equipment, accounts,
obligations, and funds of such Departments to the State
Board of Conservation; providing for the use of all appropri-
ations of such Departments to be madefor the biennium be-
ginning July 1, 1933, by the State Board of Conservation;
providing for the establishment of a State Conservation Fund;
providing for the conservation and protection of wild life re-
sources and authorizing the State Board of Conservation to
make and establish rules and regulations in furtherance of
the purposes of this Act; providing a penalty for violation of
rules and regulations authorized to be made and repealing all
laws and parts of laws in conflict with this Act." Providing
the method of employment and method of discharge or re-
moval of the Supervisor of Conservation, and relating to the
employment of otr her help, assistants, and agents by the State
Board of Conservation, and repealing conflicting laws.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. Dekle of Hillsborough-
House Bill No. 114:
A bill to be entitled An Act relating to State appropria-
tions from the General Revenue Fund, declaring appropria-
tions from the General Revenue Fund for the benefit of the
Uniform System of Public Free Schools and the State Insti-
tutions of Higher Learning, to be on a parity with all other
appropriations for all other purposes from the General Reve-
nue Fund.
Which was read the first time by its title and referred to
the Committee on Education "A".
By Messrs. Beasley of Walton and West of Santa Rosa-
House Joint Resolution No. 115:
A JOINT RESOLUTION proposing an amendment to Ar-
ticle IX of the Constitution of the State of Florida, authoriz-
ing the Legislature of the State of Florida to levy Excise
Taxes and to allocate and distribute the proceeds thereof to
the several Counties, Incorporated Cities and Towns of this
State by General Law upon some declared principle of classi-
fication to be determined by the Legislature.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Article IX of the Con-
"stitution of the State of Florida relating to the levying and
distribution of excise taxes, be and the same is hereby agreed
to and shall be submitted to the qualified electors of the State
of Florida for ratification or rejection at the General Elec-
tion to be held on the First Tuesday after the First Monday
in November, A. D. 1940:
"Section 15. The Legislature may provide for the levying
of a State tax on licenses and excise taxes, the proceeds of
which shall be by general law distributed among the several
counties, incorporated cities and towns of this State, upon
some declared principle of classification to be determined by
the Legislature."

Which was read the first time in full and referred to the
Committee on Constitutional Amendments.

April 7, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

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By Mr. Clement of Pinellas

'House 'Resolution THo. 16

WHEREAS, on the 19th day of March A. D. 1939, John K.
Cheyney, late of Tarpon Springs, Florida, was called unto his re-
ward, and,
SWHEREAS, the Honorable John K. Cheyney was a pioneer
citizen of South Florida and devoted his life to the upbuilding of
the West Coast and was always interested in any civic and com-
munity progress and devoted generously of his time and money
in the development of the community in which he lived. In his
passing the State of Florida has lost one of her pioneer citizens
and a man who contributed much in the progress of our State
and his loss will be keenly felt. Mr. Cheyney was a man who
worked quietly and unassumingly always placing the progress of
his people above his personal ambitions.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA:
That this State has lost a useful friend who gave his all for
the upbuilding of his community and his State.
BE IT FURTHER RESOLVED that this Resolution be spread
upon the Journal of the House of Representatives as a token of the
State's appreciation for his work and that a copy, under the Great
Seal of the State of Florida, be forwarded to his daughter, Mrs.
Rye Kibbee, Jr., and other members of his family.

April 7, 1939

32

JOURNAL OF THE HOUSE

By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 116:
A bill to be entitled An Act providing for a Jury Commis-
sion in various counties, the selection of jurors for such coun-
ties, and the placing of their names in the jury box.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Mr. Scofield of Citrus-
House Bill No. 117:
A bill to be entitled An Act to provide for the time of mak-
ing payment and filing sworn statements and receipts for
committee assessment and filing fee by all candidates for nomi-
nation for Member of the Legislature of the State of Florida.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 118:
A bill to be entitled An Act providing for the calling of a
bi-annual session of the Circuit Judges of the State of Flor-
ida by the Attorney General.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 119:
A bill to be entitled An Act for the relief of Robert J.
Boone of Miami, Dade County, Florida, and providing for a
refund of assessment levied, collected, and paid by said Robert
J. Boone for placing his name as a Democratic Candidate for
United States Senator upon the Democratic primary ticket
in August, 1936.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 120:
A bill to be entitled An Act providing for nomination for
appointment to the Office of Circuit Judge by political party
in a primary election and providing for the qualifying of can-
didates therefore.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Holt, Lindsey and Overstreet, of Dade-
House Bill No. 121.
A bill to be entitled An Act for the relief of Benjamin Axle-
road, executive secretary of the Everglades National Park
Commission and payment to him of his back salary.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Clement and Outman, of Pinellas-
House Bill No. 122.
A bill to be entitled An Act to define and regulate the prac-
tice of optometry and declaring the same to be a profession:
To provide for a board of examiners, its duties, powers, ap-
pointments and salaries, and for the examination, qualifica-
tion and fee of applicants for the practice of optometry: To
provide for the issuance and revocation of certificates and
registration of licensed practitioners of optometry and pro-
viding for the recordation of such certificates: Exempting
registered optometrist from jury duty and making their ser-
vices available on a parity with those of any other profession
performing similar service: Optometrists to give expert tes-
timony relative to the diagnosis of the human eye and its
appendages of any visual, muscular, neurological or anatomic
anomolies of the human eyes and their appendages: Pro-
hibiting the unethical or unprofessional practice and sale of
eye-glasses, spectacles and lenses: And prohibiting unethical
or unprofessional conduct and prescribing the manner of en-
forcing the provisions of this Act, and fixing the penalties
for the violation of the terms and provisions thereof.
Which was read the first time by its title and referred to
the Committee on Public Health.
By Mr. Holt of Dade--
House Bill No. 123:

A bill to be entitled An Act to provide for the appointment
Sof a public defender in all counties of the State of Florida hav-
ing a population of more than 150,000 at the last Federal cen-

April 7, 1939

13870 Acts of 1929 Laws of Florida so as to authorize the
Supreme Court to regulate by rules the pleading, practice and
procedure in all the courts of this State in any civil suit.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".

SOF REPRESENTATIVES 33

sus and providing for the duties and compensation of said
public defender.
Which was read the first time by its title and referred to the
Committee on Census and Apportionment.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 124-
A bill to be entitled An Act providing for appointment and
contribution between joint tort feasors in actions at law, and
providing and prescribing for procedure therefore.
Which was read the first time by its title and referred to
the Committee on Judiciary B.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 125:
A bill to be entitled An Act relating to printing for the
State of Florida and sub-divisions thereof; to establish require-
ments of responsible bidders for printing work for the State
of Florida and sub-divisions thereof; requiring payment of pre-
vailing wage scale relative to such work; to prescribed penalties
for the violation hereof; to repeal all laws and parts of laws
inconsistent herewith.
Which was read the first time by its title and referred to the
Committee on Public Printing.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 126:
A bill to be entitled An Act to abolish contributory negli-
gence as a bar to recovery and to provide for diminution of
damages.
Which was read the first time by its title and referred to
the Committee on Judiciary C.
By Mr. Christie of Duval-
House Joint Resolution No. 127:
A Joint Resolution proposing to amend Section 2 of Article
III of the Constitution of the State of Florida relating to the
Legislative Department.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That Section 2 of Article III of the Constitution of the State
of Florida relating to the Legislative Department be and the
same is hereby amended, and as amended is agreed to and
shall be submitted to the electors of the State of Florida at
the next general election to be held on the first Tuesday after
the first Monday in November, 1940, for ratification or re-
jection.
Said Section 2 of Article III, as amended, shall read as fol-
lows:
Section 2. The regular sessions of the Legislature shall be
held biennially, commencing on the first Tuesday after the
first Monday in March, A. D. 1941, and on the corresponding
day of every second year thereafter, but the Governor may
convene the same in extra session by his proclamation. Regu-
lar sessions of the Legislature may extend to sixty days, but
no special session convened by the Governor shall exceed
twenty days.
A regular additional session of the Legislature, to extend
for no longer than twenty days, shall be held biennially,
commencing on the third Tuesday in May, A. D. 1941, and on
the corresponding day of every second year thereafter. During
the first ten days of such additional session no measures shall
be considered except such as relate to the appropriation of
money for state purposes, and during the last ten days of such
regular additional session no measures shall be considered ex-
cept such as relate to the raising of revenue for state purposes.
For the purpose of considering appropriations and revenue
measures, such additional session shall be a continuation of
the immediately preceding regular session, and any such meas-
ures introduced at the immediately preceding regular session
may be considered and disposed of at such additional session,
as hereinbefore set out.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 128:
A bill to be entitled An Act to amend Section (1) of Chapter

JOURNAL OF THE HOUSE

By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 129:
A bill to be entitled An Act providing for judgment notwith-
standing the verdict when ruling reserved upon motion for
directed verdict and motion for new trial.
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 130:
A bill to be entitled An Act regulating motions for new trial
by amending Section 2810 Revised General Statutes (1920)
same being Section 4497 C G L (1927) and repealing Section
2811 Revised General Statutes (1920) same being Section
4498 C G L (1927).
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 131:
A bill to be entitled An Act requiring the Clerk of the Su-
preme Court to furnish each Circuit Judge copies of Supreme
Court decisions.
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 132:
A bill to be entitled An Act providing for and regulating
the drawing of grand juries and petit juries in term time and
in vacation, the organization thereof, the length of service of
jurors, the duties of the Clerks of Courts relative thereto, and
the repeal of Sections 4455, 4456, 4457, 4458, 4459, 4460 and
4461 Compiled General Laws of Florida of 1927, Sections 2777,
2778, 2779, 2780, 2781, 2782 and 2784, Revised General Statutes
of Florida of 1920, and Chapter 12068, Laws of Florida 1927
and Chapter 13675 Laws of Florida 1929.
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 133:
A bill to be entitled An Act to amend Section 2909 Revised
General Statutes (1920) (4619 C. G. L.) and Section 3168 Re-
vised General Statutes (1920) (4960 C. G. L.) so as to limit
the time for writs of error and appeals; and to repeal Section
2910 Revised General Statutes (1920) (4620 C. G. L.) allowing
married women two years to sue out a writ of error.
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 134:
A bill to be entitled An Act providing for the suspension of
imposition of sentences and placing of defendant upon pro-
bation, the revocation or modification of probation, probation
officers and their duties as such, and the powers of the Courts
of original jurisdiction in criminal actions relating thereto.
Which was read the first time by its title and referred to
the Committee on Judiciary "C".
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 135:
A bill to be entitled An Act repealing exemptions for jury
service.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Overstreet and Holt of Dade--
House Bill No. 136:
A bill to be entitled An Act to promote public morals by
abolishing the right of action to recover sums of money as
damages for the alienation of affection, criminal conversa-
tion, seduction and breach of contract to marry, limiting the
time within which such present existing causes of action must
be commenced, making it unlawful to prosecute or threaten
to prosecute such causes of action, declaring all contracts
hereafter executed in payment, satisfaction, settlement or
.compromise of any cause of action abolished by this Act to
be void as against public policy, and declaring the public
policy of the State and prescribing the penalty for the viola-
tion of this Act.

Which was read the first time by its title and referred to
the Committee on Judiciary "C".

SOF REPRESENTATIVES April 7, 1939

By Mr. Surrency of Sarasota-
House Bill No. 137:
A bill to be entitled An Act regulating the relationship be-
tween husband and wife and parent and child, particularly
in suits for divorce, separation, alimony and the custody of
minor children: (Defining the State's policy in such cases;
revising enlarging and prescribing the grounds of divorce be-
tween husband and wife; prescribing requirements as to res-
idence and jurisdiction and regulating the process, pleading
and procedure in cases arising under this Act; prescribing
the forum and locality in which suit shall be brought; regu-
lating the granting of relief in the cases mentioned; defining
the effect that shall be accorded to divorce decrees obtained
in the Courts of this State and of other States; authorizing
the appointment of a guardian ad litem in certain cases cog-
nizable hereunder; defining the power of the Court in child
custody cases and regulating the procedure in such cases;
prescribing the duties of the State Attorney when served with
process under the provisions of this Act; limiting the time
for appeals in cases arising under this Act; revising the ex-
isting Laws concerning the subject-matter; repealing all Laws
or parts of Laws in conflict herewith; and prescribing the
time when this Act shall take effect as Law).
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 138:
A bill to be entitled An Act to open to young people the
opportunity to obtain training that will equip them for
profitable employment and citizenship; to set up, as a means
to this end, a program of voluntary apprenticeship under ap-
proved apprentice agreements providing facilities for their
training and guidance in the arts and crafts of industry and
trade, with parallel instruction in related and supplementary
education; to promote employment opportunities for young
people under conditions providing adequate training and rea-
sonable earnings; to relate the supply of skilled workers to
employment demands; to establish standards for apprentice
training; to establish an Apprenticeship Council and Local
and State Joint Apprenticeship Committees to assist in effectu-
ating the purposes of this Act; to provide for a Director of
Apprenticeship within the Industrial Commission; to provide
for reports to the Legislature and to the public regarding the
status of apprentice training in the State; to establish a pro-
cedure for the determination of apprentice agreement con-
troversies; to accomplish related ends; and to provide the
necessary appropriation therefore.
Which was read the first time by its title and referred to
the Committee on Labor.
By Messrs. Overstreet, Lindsey and Holt of Dade-
House Bill No. 139:
A bill to be entitled An Act making it a crime to enter any
farm, garden, orchard or fruit grove with intent to commit
an offense therein, and providing for the punishment of any
person violating the Act if he be armed or commit an assault,
and providing for the punishment of any violator who is not
armed and does not commit an assault.
Which was read the first time by its title and referred to
the Committee on Judiciary "C."
By Mr. Burks of Pasco-
House Bill No. 140:
A bill to be entitled An Act to amend Section 120 of Chap-
ter 17171 of the Acts of the Legislature of the State of Florida
of 1935 providing for the form and manner of presenting
claims against estates of deceased persons and providing that
a copy of the proof of claim shall be served upon the personal
representative.
Which was read the first time by its title and referred to
the Committee on Judiciary "A."
By Messrs. Burks of Pasco and Stewart of Hendry-
House Bill No. 141:
A bill to be entitled An Act assenting to and accepting the
provisions of An Act of Congress approved July 11, A. D. 1916,
and all amendments thereto, the same being entitled, "An

Act to provide that the United States Government shall aid
the States in the construction of Rural Post Roads, and for
other purposes", and providing for the appointment and Ap-
propriation of funds to meet the same.
Which was read the first time by its title and referred to
the Committee on Public Roads and Highways.

JOURNAL OF THE HOUSI

By Mr. Burks of Pasco-
House Joint Resolution No. 142:
A Joint Resolution proposing the amendment of Section 6
of Article 8 of the Constitution of the State of Florida relat-
ing to County Officers and providing for the consolidation of
the office of County Assessor of Taxes and Tax Collector.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Section 6 of Article 8 of
the Constitution of the State of Florida relating to County
Officers be and the same is hereby agreed to and shall be
submitted to the Electors of the State at the General Election
to be held in the year 1940 for approval or rejection, that is to
say, that the said Section 6 of Article 8 of the Constitution be
amended so as to read as follows:
"The Legislature shall provide for the election by the quali-
fied electors in each County of the following County Officers:
a Clerk of the Circuit Court; a Sheriff, Constables; a County
Tax Officer; a Superintendent of Public Instruction and a
County Surveyor. Their powers, duties and compensation
shall be prescribed by law. The Legislature shall provide by
law for the care and custody of all County funds and shall
provide the method of reporting and paying out all such
funds, provided however, that the consolidation of the office
of Tax Collector and Tax Assessor shall not become effective
until the first day of January, 1945."
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Fuller of Pinellas-
House Bill No. 143:
A bill to be entitled An Act relating to toll bridges; pro-
viding that the State Road Department shall be vested with
and shall assume and exercise all powers and duties now vest-
ed in the Railroad Commission relating to toll bridges.
Which was read the first time by its title and referred to
the Committee on Judiciary "A."
By Mr. Fuller of Pinellas-
House Bill No. 144:
A bill to be entitled An Act to declare, designate and estab-
lish a certain State road.
Which was read the first time by its title and referred to
the Committee on Public Roads and Highways.
By Messrs. West of Santa Rosa, Berry of Washington,
Simpson of Jefferson, Dukes of Union, Inman of Bradford,
Sheldon of Hillsborough, Overstreet of Dade, Pickels of Jack-
son, Johnson of Gadsden, Beasley of Walton, Harris of Ala-
chua, Christie of Duval, Allen of Suwannee, Boatwright of
Suwannee, Harrell of Hamilton, Drummond of Holmes, Adams
of Calhoun and Lewis of Gulf.
House Bill No. 145:
A bill to be entitled An Act to provide for the purchase,
distribution and administration of anti-hog cholera serum
and hog cholera virus by the State Live Stock Sanitary Board;
making an appropriation therefore; and repealing Chapter
18153, Laws of Florida, Acts of 1937, being "An Act to provide
for the purchase, distribution and administration of anti-hog
cholera serum and hog cholera virus in the State of Florida
by the State Live Stock Sanitary Board; making appropria-
tion therefore and creating a fund to be known as the Serum
Fund."
Which was read the first time by its title and referred to
the Committee on Agriculture.
By Mr. West of Santa Rosa--
House Bill No. 146:
A bill to be entitled An Act providing for the designation
and recognition by the State Road Department of a certain
State road in Santa Rosa County as being a State road in
the first, second or third preferential system of State roads in
this State, and providing for the improvement of said road
as are roads in the same class.
Which was read the first time by title and referred to
the Committee on Public Roads and Highways.
By Messrs. Lewis of Gulf and Becton of Wakulla-
House Bill No. 147:

A bill to be entitled An Act authorizing the State Game
Commissioner to permit the closing of streams and lakes by
the owners of property adjacent thereto by the erection of

April 7, 1939

Which was read the first time by its title and referred to the
Committee on Building and Loans.
By Mr. Butt of Brevard-
House Bill No. 151:
A bill to be entitled An Act to amend Section 12 of Chapter
14832, Laws of Florida, 1931, being an Act to provide for a

E OF REPRESENTATIVES 35

fences for the purpose of establishing breeding grounds for
and to protect Manatees or Sea-Cows.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. Martin of Hillsborough-
House Bill No. 148:
A bill to be entitled An Act regulating the plumbing indus-
try in certain areas of the State of Florida, defining the
terms "Plumbing", "Plumbing Fixtures", "Master Plumber",
"Journeyman Plumber", "Plumbing Inspector", "Plumber's
Apprentice", and "Sell at Retail"; creating a Board of Plumb-
ing Commissioners and providing for the appointment of the
members of such Board; fixing the compensation, powers,
duties and term of office of said Board and providing for the
expense of the administration and enforcement of this Act;
providing for the examination and issuance of certificates to
Master Plumbers, Journeyman Plumbers, Plumbing Inspec-
tors and Plumber's Apprentices, and fixing the fees to be paid
therefore, and providing for the revocation of such certificates
for cause; making it unlawful to engage in the practice or
trade of plumbing in certain areas in this State without first
securing a certificate from said Board; empowering the Board
of Plumbing Commissioners to determine, adopt, publish and
enforce certain minimum requirements of standards and spe-
cifications of design, materials, appliances and methods of
installation of plumbing in this State; requiring the marking
and identification of all plumbing fixtures, materials, and sup-
plies offered for sale and making it unlawful to sell plumb-
ing fixtures, materials and supplies not so marked or identi-
fied and requiring the affixing to all plumbing fixtures of an
inspection stamp and the fees to be charged therefore; re-
quiring permits to be issued for all plumbing work done un-
der the provisions of this Act and for the employment of
Plumbing Inspectors and the fees to be collected for such in-
spection and prohibiting the issuance of State and County
occupational licenses to Master Plumbers not holding certifi-
cates issued by said Board; defining the areas in this State
within which this Act shall be effective and providing that
municipalities which adopt ordinances containing such min-
imum requirements of standards and specifications of de-
sign, materials, appliances and workmanship, may hold ex-
aminations and issue certificates to Master Plumbers, Jour-
neyman Plumbers, Plumbing Inspectors and Plumber's Ap-
prentices and may appoint Plumbing Inspectors and collect
the permit and plumbing inspection fees for the administra-
tion and enforcement of this Act and imposing penalties for
the violation of this Act.
Which was read the first time by its title and referred to
the Committee on Labor and Public Health.
By Mr. Sheldon of Hillsborough-
House Bill No. 149:
A bill to be entitled An Act to permit growers of citrus fruit
to hereafter freely sell and cause their citrus fruit to ibe trans-
ported in bulk in its natural condition to market ungraded and
unprocessed from and including December 1st of each year to
and including June 30th of the succeeding year, and reliev-
ing the growers and purchasers-at-grove in bulk from certain
inspections and taxes when transporting citrus fruit direct
from groves to market in its natural state and open to public
inspection.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Mr. Harrell of Duval-
House Bill No. 150:
A bill to be entitled An Act to amend Chapter 16841, Laws of
Florida, Acts of 1935, and being an Act relating to the volun-
tary dissolution of building and loan associations: providing
for action by directors and stockholders; approval of the State
Comptroller; legal notice of such action; appointment of liq-
uidator under certain circumstances; power of trustees; actions
by and against association; service of process on association;
method for associations heretofore dissolved under Chapter
16841, Laws of Florida, Acts of 1935 to continue dissolution
program under this Act.

36

State Racing Commission, to prescribe its powers and duties,
and to fix the compensation of its members; to provide for
holding referendum and recall elections in any county to de-
termine whether racing shall be permitted or continued there-
in; to provide for licensing and taxing such racing and ap-
portioning the monies derived therefrom among the several
counties of the state; to provide for and regulate the making
of pari mutuel pools within the enclosure of licensed race
tracks; providing certain penalties for the violation of this
Act. and for other purposes relating thereto, as amended by
Section 1 of Chapter 16113, Laws of Florida, 1933, so as to
provide for the distribution on or before April 15th of each
year of the monies derived from the licensing and taxing of
racing in this state to the Boards of County Commissioners
of each County of the State to be used exclusively for the re-
pairing or construction of State roads within each County,
and declaring that the repairing or construction of such state
roads is a State purpose, and to repeal Section 13 of Chapter
14832, Laws of Florida, 1931.
Which was read the first time by its title and referred to the
Committee on Public Amusements.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 152:
A bill to be entitled An Act permitting a sentence for any
shorter period of time when the maximum period is five years.
Which was read the first time by its title and referred to the
Committee on Judiciary C.
By Messrs. Lanier and McCall of Madison, Jenkins and
Harris of Alachua, Dishong of DeSoto, Harrell of Indian
River, Harrell of Duval, Pickels and Finch of Jackson, Leh-
man and Leonardy of Seminole, Allen and Boatwright of Su-
wannee, Scales of Taylor, and Ray of Manatee.
House Joint Resolution No. 153.
A joint resolution proposing an amendment to article nine
(9) of the Constitution of the State of Florida, relative to
taxation and finance, to be known as Section sixteen (16)
of Article nine (9).
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That, the following amendment to Article Nine (9) of the
Constitution of the State of Florida, to be known as Section
Sixteen (16) of said Article Nine (9), be and the same is
hereby agreed to and shall be submitted to the electors of
the State of Florida at the next general election to be held
on the first Tuesday after the first Monday, in November,
A. D., 1940, for ratification or rejection.
"Section 16: From and after December 31, 1940, no ad
valorem tax shall be levied against real or personal prop-
erty in this State by the State or any county, city, or gov-
ernmental subdivision thereof or therein. Ad valorem tax
shall be construed to mean a tax against property or the
ownership thereof based upon value as determined by an
assessing officer or agency."
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Holsberry, of Escambia-
House Bill No. 154.
A bill to be entitled An Act for the relief of Hetty Phillips,
of Pensacola, Escambia County, Florida.
Which was read the first time by its title and referred to

By Mr. Outman, of Pinellas-
House Bill No. 155.
A bill to be entitled An Act fixing the time for opening
and closing the polls in primary, general and special elec-
tions in the State of Florida and repealing Section 309 Com-
piled General Laws of Florida, 1927, being Section 253 of
the revised General Statutes of Florida, 1920.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Getzen of Sumter, Inman of Bradford, Fraser
of Baker, Sudduth of Bay, and Stokes of Bay-
House Bill No. 156.
A bill to be entitled An Act providing for the licensing of
automobiles and trucks for private use weighing not more
than 3,000 pounds; and repealing all laws in conflict here-
with.

Which was read the first time by its title and referred to
the Committee on Motor Vehicle and Carriers.

April 7, 1939

By Messrs. Lanier of Madison and Holt of Dade-
House Bill No. 157.
A bill to be entitled An Act defining and regulating the
practice of professional engineering in Florida and defining
a professional engineer: Providing for the registration of pro-
fessional engineers; creating and establishing the "Florida
State Board of Engineer Examiners" and providing for the
appointment of members composing said board: Defining the
qualifications of the members of and the powers and duties
of said board. Providing for expenses of said board and for
the organization and the holding of meetings and for the
keeping of records of said board; defining violations of this
Act; providing procedure for determining violations and pre-
scribing penalties therefore; defining exemptions from the
provisions of this Act; providing in reference to engineers
from other States; providing for branches of professional
engineering and for classifications of professional engineers;
providing for registration and examination fees and defining
qualifications for registration; providing for the holding of ex-
aminations and the issuance of certificates of registration
and for revoking certificates so issued; providing for appeal
against the action of said board; providing for receiving, ac-
counting for, and disbursing monies by said board; and re-
pealing all laws or parts of laws in conflict with this Act.
Which was read the first time by its title and referred to
the Committee on Judiciary A.
By Messrs. Hodges of Orange, Ray of Manatee, Leonardy
of Seminole, Lindsey and Overstreet of Dade, Sheldon of
Hillsborough, Scofield of Citrus, Fuller of Pinellas, Gillespie
of Volusia, Clement of Pinellas, Henderson of Volusia, Sinclair
of Polk, Cooley of Lake, Folks of Marion, Frank of Marion,
Robinson of Lake, Marchant of Polk, Crary of Martin, Turner
and Versaggi of St. Johns, Dekle of Hillsborough, Morrow and
Beck of Palm Beach, Burwell and Leaird of Broward, Stokes
of Bay, and Bruns of Osceola and Martin of Hillsborough.
House Joint Resolution No. 158:
A Joint Resolution relating to the call of a convention to
revise the Constitution of the State of Florida:
WHEREAS, the present Constitution of the State of Florida
was adopted as the Constitution of this State more than fifty
years ago, and
WHEREAS, on account of the tremendous growth of the
population, and on account of the many changed conditions
of this State, it is necessary biennially to propose various
amendments to the said Constitution,

NOW, THEREFORE, BE IT RESOLVED BY THE LEGIS-
LATURE OF THE STATE OF FLORIDA:
That it is the determination of this Legislature that it is
necessary to revise the Constitutioriof the State of Florida:
that this determination be entered upon the respective Jour-
nals of the House of Representatives and the Senate of this
Legislature withthe yeas and nays thereon; and
That it is the determination of this Legislature, expressed
by the affirmative vote of two-thirds of all of the members
of both Houses thereof, that this proposal to call a Constitu-
tional convention to revise the Constitution of the State of
Florida be submitted to a vote of the electors of the State of
Florida at the next General Election, to be held in November,
A. D. 1940, for approval or rejection, according to the pro-
visions of Section 2 of Article XVII of the Constitution of the
State of Florida.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Hodges of Orange--
House Bill No. 159:
A bill to be entitled An Act authorizing married women
who reside in this State to become free dealers and providing
the procedure therefore.
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Messrs Sheldon of Hillsborough, Tomasello of Okeecho-
bee, Morrow of Palm Beach, Cooley and Robinson of Lake,
Lehman and Leoriardy of Seminole, Douglas of Putnam, Frank
of Marion, Sikes of Okaloosa, Scales of Taylor, Inman of
Bradford, Adams of Calhoun, Dukes of Union, Turner and
Versaggi of St. Johns, Stokes of Bay, Beasley of Walton, Ange

of Lafayette, McCarty of St. Lucie, Sudduth of Bay, Simpson
of Jefferson, Clement of Pinellas, Slappey and Johnson of
Gadsden, Becton of Wakulla, Lanier of Madison, Ayers of

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Gilchrist, Wotitzky of Charlotte, Papy of Monroe, Griner of
Dixie, Berry of Washington, Burks of Pasco, Fraser of Baker-
House Bill No. 160: -
An Act to repeal Chapter 17894 of the Laws of Florida, Acts
of 1937, being entitled:
"An Act to provide for the prompt payment and adjust-
ment of claims by those engaged in the dry cleaning and
laundry business; to provide for the consolidation and regu-
lation of the cleaning, dyeing, pressing, and laundry industry
under one board to be known as the Florida Dry Cleaning and
Laundry Board; to provide for the creation of such board and
to define its powers, jurisdiction and duties; to exempt the
ordinary washwomenn" from the provisions hereof; to provide
for the levying of license fees for the operation of such board;
to provide for reasonable charges for service; to provide for
other purposes reasonable incidental; to repeal all laws in
conflict; to provide that this Act shall only apply to counties
of over 17,500 population"; and to provide for the disposal of
the funds and property of the Florida Dry Cleaning and Laun-
dry Board.
Which was read the first time by its title and referred to
the Committee on Public Health.
By Mr. Becton (By request) of Wakulla-
House Bill No. 161:
A bill to be entitled An Act to amend Section 23 of Chapter
18011, Laws of Florida, 1937, by making provision for occu-
pational license taxes upon every person who operates for a
profit any place where dancing is engaged in or entertain-
ment such as variety programs or exhibitions is provided and
for entrance into which places an admission fee is charged.
Which was read the first time by its title and referred to
the Committee on Finance and Taxes.
By Mr. Becton of Wakulla-
House Bill No. 162:
A bill to be entitled An Act providing that one-third of any
money or other thing due to any person who is the head of a
family, residing in this State, when the money or other thing
is due for the personal labor or services of such person may
be reached by a creditor by garnishment or attachment; and
amending Section 5792, Compiled General Laws of Florida,
A. D., 1927, relating to certain exemptions for a head of a
family.
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Mr. Becton of Wakulla-
House Bill No. 163:
A bill to be entitled An Act providing for the attachment
or garnishment of one-third of the amount due public officers
or employees of the State of Florida, and providing a method
for enforcing same.
Which was read the first time by its title and referred to the
Committee on Judiciary B.
Mr. Harrell of Hamilton moved that the rules be waived
and that the House do now revert to the introduction of House
Concurrent Resolutions.
Which was agreed to by a two-thirds vote.
INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS
By Messrs. Harrell of Hamilton, Boatwright and Allen of
Suwannee, Lewis of Gulf, Lanier and McCall of Madison, Ange
of Lafayette, Smith of Clay, Butt of Brevard, Beasley of Wal-
ton, and Clement of Pinellas.
House Concurrent Resolution No. 3:
WHEREAS, the Legislature of the State of Florida at the
1931 session passed certain legislation which is commonly re-
ferred to as the race track legislation, and
WHEREAS, it was provided in such legislation that the
taxes derived from the operation of race tracks under the
provisions of said bill should be equally divided among the
various counties of the State of Florida, and
WHEREAS, it was a common and mutual understanding
among the then members of the Legislature that no change
would be made in the distribution of such funds, and
WHEREAS, it is believed that said legislation could not have
been passed had such provision not been incorporated in said
Act, and

WHEREAS, the Counties in the State of Florida in which
no racing was contemplated were assured by representatives

37

of counties in which racing was contemplated that their honor
was pledged to abide by the provisions of said bill and par-
ticularly with reference to the distribution of the tax moneys
derived therefrom, and
WHEREAS, a recent attempt has been made to change such
distribution by contesting the constitutionality of the provis-
ion of said Act with reference to the distribution of said funds
and that such attack amounts to a breach of faith with the
Counties in which there is no racing and that such attack if
successful will disrupt the financial budgets and greatly ham-
per the operation of a large number of the counties of the
State,
NOW, THEREFORE, BE IT RESOLVED by the House of
Representatives, the Senate concurring, that a committee of
three members of the House of Representatives and three
members of the Senate be appointed by the Speaker of the
House and President of the Senate, respectively, to form a
joint committee for the purpose of solving the problem pre-
cipitated by the attack made on the distribution of the funds
hereinabove referred to and to determine the source, cause
and reason for the institution of the pending litigation and
that such committee make such recommendations to the Leg-
islature of the State of Florida with reference to race track
legislation as it may deem proper.
Which was read the first time in full and referred to the
Committee on Resolutions.
Mr. Harrell of Hamilton moved that the House do now re-
vert to the regular order of business.
Which was agreed to.

INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Messrs. Ray and Howze of Manatee-
House Bill No. 164:
A bill to be entitled An Act relating to the manner of obtain-
ing substituted service of process in any of the courts of chan-
cery in the State of Florida and declaring the force and effect
of such service.
Which was read the first time by its title and referred to the
Committee on Judiciary A.
By Mr. Jenkins of Alachua-
House Bill No. 165:
A bill to be entitled An Act to amend Section 2, Chapter
4918, Laws of Florida, Acts of 1901 entitled "An Act to pro-
vide for the cancellation and satisfaction of mortgages, liens
and judgments, and providing a penalty for the failure to
make such cancellation and satisfaction.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
REPORT OF STANDING COMMITTEES
REPORT OF JOINT COMMITTEE ON ENROLLED BILLS
Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Representa-
tives, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 7, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
House Concurrent Resolution No. 1:
Providing that all Florida invite their Majesties, George
VI and Elizabeth, King and Queen of Great Britain and Ire-
land and of the Dominions beyond the Seas, Emperor and
Empress of India, to visit the State while they are Honor
Guests of the United States.
Also-
House Joint Memorial No. 1:
To the Honorable Franklin D. Roosevelt, President of the
United States, and the Honorable Senate and House of Rep-
resentatives of the United States, in Congress Assembled,
memorializing and petitioning the Congress of the United
States to immediately enact the General Welfare Act of 1937,

known as bill H. R. 2 and now pending in Congress, providing
for a national old age retirement system and creating a fund
for the maintenance thereof.

April 7, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

Have carefully examined same, and find same correctly en-
rolled and herewith present the same for the signatures of
the Speaker and Chief Clerk of the House of Representatives.
Very respectfully,
H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
The Memorial and Resolution contained in the above re-
port were thereupon duly signed by the Speaker and Chief
Clerk of the House of Representatives in open session, and
ordered referred to the Chairman of the Committee on En-
rolled Bills on the part of the House of Representatives to be
conveyed to the Senate for the signatures of the President
and Secretary thereof.
REPORT OF SELECT COMMITTEES
State of Florida
HOUSE OF REPRESENTATIVES
Tallahassee
April 7th, 1939.
Hon. G. Pierce Wood, Speaker

April 7, 1939

unofficial Ways and Means Committee, hereby transmit our
general report which is attached hereto.
Respectfully submitted,
F. B. HARRELL, Chairman
General Affairs Committee
SETH DEKLE, Chairman
Public Schools Sub-Committee
A. P. DRUMMOND, Chairman
State Institutions Sub-Committee
W. D. OUTMAN, Chairman
Counties and Cities Committee
JOHN BURKS
Social Welfare Sub-Committee.
Mr. Harrell of Hamilton moved the adoption of the report
of the Informal Ways and Means Committee.
Which was agreed to.
And the report was adopted.
Mr. Lewis of Gulf moved that the rules be waived and the
House do now adjourn.

H1UU Ujse o LepresenlfcI btal,
Tallahassee, Florida Which was agreed to by a two-thirds vote.
Dear Sir: Thereupon at the hour of 11:40 A. M. the House stood ad-
We, the undersigned sub-chairmen of your pre-Legislative journed until 4:00 o'clock P. M. Monday, April 10, 1939.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

MONDAY, APRIL 10, 1939

The House was called to order by the Speaker at 4:00 o'clock
P. M.
The roll was called and the following members answered
to their names:
Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch, Folks,
Frank, Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Du-
val), Harrell (Hamilton), Harrell (Indian River), Harris,
Henderson, Hodges, Holsberry, Holt, Howze, Inman, Jenkins,
Johnson (Gadsden), Johnson (Hernando), Lanier, Leaird,
Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy), Lind-
sey, Malone, Marchant, Martin (Hillsborough), Martin (Polk),
Moore, Morrow, McCall, McCarty, McLeod, Niblack, Outman,
Overstreet, Papy, Peeples, Pickels, Platt Ray, Robinson, Scales,
Scofield, Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey,
Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzky
-95.
A quorum present.
The following prayer was rendered by the Chaplain:
"Heavenly Father, we recognize our human limitations;
therefore we pray that Thou will so teach us to number our
days that we may apply our hearts unto wisdom. Amen."
The reading of the Journal was dispensed with.
CORRECTIONS OF THE JOURNAL
On Page 1, Column 2, strike out the name "Gillespie" in
Line 23 reading from the bottom of the page and insert in
lieu thereof: "Henderson."
The Journal of the House of Representatives for April 7
was corrected and as corrected approved.
The following communications were received and read:
STATE ROAD DEPARTMENT OF FLORIDA
Tallahassee
April 4, 1939.
Honorable G. Pierce Wood, Speaker,
House of Representatives,
Tallahassee, Florida.
Sir:
The Committee on the Road Program of Florida created
pursuant to Senate Concurrent Resolution No. 10, adopted by
the 1937 Legislature to make a study of the State Road Sys-
tem and report thereon to the 1939 Legislature, respectfully
advises that its complete report will be filed not later than
30 days before the adjournment of the present Legislative
Session.
The Committee was unable to file its report on the opening
day of the Session due to the fact that certain pertinent in-
formation being prepared for the Committee by the State
Highway Planning Survey could not be made available by
the opening day of the Session. The Committee also requires
a short time for further study of the State road convict situ-
ation. The indulgence of your honorable body is requested
in order that the Committee may have this further time in
which to complete its deliberations.
Respectfully,
ARTHUR B. HALE,
Chairman of the Committee.
SENATE CHAMBER
State of Oklahoma
Oklahoma City, Oklahoma
March 1, 1939.
To the Speaker of the House of Representatives
State of Florida,
Tallahassee, Florida.
Dear Sir:
Pursuant to the direction of the Oklahoma State Senate,
Seventeenth Legislature, I am .transmitting, herewith, a duly

authenticated copy of Enrolled Senate Resolution No. 17,
which was unanimously adopted by the State Senate on the
27th day of February, 1939, requesting the Federal Congress
to direct its attention toward providing legislation which will
cause the speedy deportation of all alien residents of this
country, who do not within a reasonable time, signify their
willingness, desire and intention, and qualify to assume the
obligations of citizenship and become citizens of the United
States of America.
Yours very truly,
J. WM. CORDELL,
Secretary of the Senate.
Which was read and referred to the Committee on Vet-
erans' Affairs.
INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Harrell of Hamilton-
House Resolution No. 17:
WHEREAS, the Reverend Edwin Harwell, Chaplain of the
House of Representatives, prepares his daily invocations for
delivery in the House in beautiful language and perfect diction
and delivers them in good literary style and that same should
be permanently preserved for the benefit of the House,
therefore,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA, that copies of said
invocations be spread upon the Journal of the House of Rep-
resentatives each day immediately following the first roll call
and that a copy of such invocation be delivered each day by
the Chaplain to the Chief Clerk for such printing.
Which was read.
Mr. Harrell of Hamilton moved the adoption of the
resolution.
Which was agreed to.
And House Resolution No. 17 was adopted.
By Messrs. Fuller and Outman of Pinellas-
House Resolution No. 18:
WHEREAS, the Lord in His wisdom, on this day, has re-
moved from the affairs of men, W. L. Straub of St. Peters-
burg, Florida, and
WHEREAS, the said W. L. Straub has, for more than forty
years, been continuously editor of the St. Petersburg Times
during which period he has rendered signal service in the
progress of his County and his State, and
WHEREAS, he, more than any other man, was responsible
for the creation of St. Petersburg's system of waterfront parks
and other parks for the major plan and constructive creation
of St. Petersburg, in testimony of which the people of his City
officially named in his honor, a major portion of the St.
Petersburg waterfront park and made arrangements to erect
a monument and plaque in connection therewith,
NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA:
That we record with regret and sorrow the passing of this
honored citizen and inscribe upon the record of our proceed-
ings on a separate page of the Journal to be set apart for that
purpose our testimonial of his record as a civic leader.
BE IT FURTHER RESOLVED that a copy of this resolution
under the hand of the Speaker and Chief Clerk thereof be
forwarded to the members of his family.
Which was read.
Mr. Fuller moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 18 was adopted.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Resolution No. 19:
On the death of The Hon. John P. Stokes.
WHEREAS, on April 10, 1939, the Hon. John P. Stokes, for-
mer Legislator, an eminent lawyer and an outstanding citizen
of Florida passed to the Great Beyond; and

39

JOURNAL OF THE HOUSE OF REPRESENTATIVES

I

I

- ----r'."-. -----."L-P3 --1Cr--, I P7

By Messrs. Fuller and Outman of Pinellas

"F(ouse Resolution Tlo. 18
WHEREAS, the Lord in His wisdom, on this day, has removed
from the affairs of men, W. L. Straub of St. Petersburg, Florida,
and
WHEREAS, the said W. L. Straub has, for more than forty
years, been continuously editor of the St. Petersburg Times dur-
ing which period he has rendered signal service in the progress
of his County and his State, and
WHEREAS, he, more than any other man, was responsible for
the creation of St. Petersburg's system of waterfront parks and
other parks and for the major plan and constructive creation of
St. Petersburg, in testimony of which the people of his city offi-
cially named in his honor, a major portion of the St. Petersburg
waterfront park and made arrangements to erect a monument and
plaque in connection therewith,

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA:
That we record with regret and sorrow the passing of this
honored citizen and inscribe upon the record of our proceedings
on a separate page of the Journal to be set apart for that pur-
pose our testimonial of his record as a civic leader.
BE IT FURTHER RESOLVED that a copy of this resolution
under the hand of the Speaker and Chief Clerk thereof be for-
warded to the members of his family.

--19 -C"--LDCP b;_19I I PICII---- ---? -- -I -- B--e-._lClppRq1

I

40

April 10, 1939

WHEREAS his death removes from our midst the presence
of a beloved citizen, whose record of achievement stands as
an example of patriotism, fidelity to duty and unstinted pub-
lic service to those who follow; and
WHEREAS, such contributions to the destiny of this State
are worthy of note at his death, and should be recognized and
attended with proper expressions to be recorded upon the pages
of the history of our State, NOW, THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES OF THE STATE OF FLORIDA that the House does
hereby record this memorial and expression of bereavement
upon the death of the Hon. John P. Stokes, of Miami:

IN MEMORIAM-JOHN P. STOKES
Born at Pensacola, Florida, November 30, 1886, his child-
hood, youth and early manhood were passed in his native city,
attending there the public schools and later pursuing the study
of law in the offices of prominent Pensacola attorneys. He
had a noteworthy public career, in part as follows: He was
admitted to the Bar at the age of nineteen; at the age of
twenty-two he was elected to and served as a member of the
House of Representatives of Florida. At the age of twenty-
four he was elected to the Senate of Florida and served during
the Sessions of 1911 and 1913, and was again a member of
the Senate during the Sessions of 1919, 1921 and 1923, resign-
ing from the State Senate to engage in the private practice
of law in the City of Miami. He served as State's Attorney
for the First Judicial Circuit of Florida during the years 1917
and 1918. He was a life-long member of the Democratic
Party. In the field of his chosen profession of law his talents
and ability were recognized throughout the confines of the
State of Florida, and his fame and renown as a trial lawyer
extended far beyond the boundaries of the State. He num-
bered his acquaintances by the myriads among all classes of
people. He was truly a self-made man, having in his youth
worked as a boilermaker, and without the advantages of wealth
or position rose rapidly to become a leader in politics, citizen-
ship and his profession. He was a man of culture, refine-
ment and personal charm; a person whose philosophy of life
looked to the optimistic side; a man kind, genteel and chari-
table. Florida has lost a good citizen and an excellent lawyer.
May this permanent record of his achievements express and
show the esteem that he merits from the people among whom
he lived and for whom he devoted his life's effort.
BE IT FURTHER RESOLVED that a copy of these resolu-
tions certified by the Secretary of State of Florida under the
Great Seal of the State of Florida be immediately forwarded
to the bereaved family of Hon. John P. Stokes.
BE IT FURTHER RESOLVED that a copy of these resolu-
tions be spread upon a page of the Journal of the House of
the State of Florida, and made a permanent record of this
Legislature.
BE IT FURTHER RESOLVED that a copy of these resolu-
tions be furnished to the press.
Which was read.
Mr. Lindsey moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 19 was adopted.
Mr. Stokes moved that as a gesture of respect for the
memory of the late John P. Stokes the House do stand upon
the adoption of House Resolution No. 19.
Which was agreed to.
And the House stood.
Mr. Christie in the chair.
By Mr. Finch of Jackson-
House Resolution No. 20:
WHEREAS, the informal Ways and Means Committee of the
House, appointed by the Speaker prior to the convening of
the legislative session of 1939, consisting of the following
Members of the House: F. B. Harrell, H. E. Overstreet, L. C.
Leedy, Winder H. Surrency, John Harrell, Seth Dekle, J. Slater
Smith, Russell O. Morrow, Evans Crary, Chas. Tom Henderson,
A. P. Drummond, Dan McCarty, Walter Moore, Jr., David
Lanier, W. Z. Platt, W. D. Outman, E. Clay Lewis, J. L.
Dishong, J. P. Marchant, R. E. Simpson, John Burks, Elbert
L. Stewart, H. J. Lehman, T. Franklin West and Thomas H.
Cooley--

Have made and submitted to the House a report of its stud-
ies, investigations and findings, conclusions and recommenda-
tions; and each Member has a copy of such report; and

41

WHEREAS, the said report deals with the status and ac-
tivities of our state government, and its institutions, and with
the status and activities of the counties and municipalies, and
presents to the House and to its Members a great wealth of
information necessary to the passage of sound and intelligent
legislation; and
WHEREAS, the members of said Committee have evidently
expended great periods of time in conducting the inquiries
reported; and
WHEREAS, the report itself is marked by a high degree of
intelligence, patriotic interest in the state, and impartiality
in its findings and recommendations-

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA:
That the appreciation and thanks of the House of Represen-
tatives are hereby expressed to each and every of the mem-
bers of said Committee for their faithful, intelligent and
valuable services; and the thanks of the House are conveyed
also to the Speaker, for his foresight and wisdom in procur-
ing the said work to be done and a report thereof to be made.
Which was read.
Mr. Finch moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 20 was adopted.
The Speaker in the Chair.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS
By Messrs. Collins and Moore of Leon; Leedy and Hodges
of Orange; Folks and Frank of Marion; Morrow and Beck of
Palm Beach; Holt, Lindsey and Overstreet of Dade-
House Concurrent Resolution No. 4:
A Resolution urging the Civil Aeronautics Authority of the
United States to grant the application of Eastern Air Lines
for an extension of its Memphis to Tallahassee air line route
from Tallahassee to Ocala, Orlando, West Palm Beach and
Miami and return.
WHEREAS, it has come to the attention of the Legislature
that Eastern Air Lines has made application to the Civil
Aeronautics Authority of the United States Government for
permission to operate an extension of its Memphis to Talla-
hassee Air Line from Tallahassee to Ocala, Orlando, West
Palm Beach and Miami and return; and
WHEREAS, air passenger service over the proposed extend-
ed route will greatly facilitate the travel of those in Central
and South Florida who find it both necessary or desirous to
travel to and from Tallahassee, the capital of the State of
Florida, on official business with a minimum of time away
from their respective homes and places of business; and
WHEREAS, the proposed extension will render to the entire
State a much needed and desired air mail service in addition
to the passenger service aforesaid.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
Section 1. That the Civil Aeronautics Authority of the
United States Government be and it is hereby respectfully
petitioned and requested to promptly grant the pending ap-
plication of Eastern Air Lines for an extension of its Mem-
phis to Tallahassee Air Line from Tallahassee, to Ocala, Or-
lando, West Palm Beach and Miami and return.
Section 2. That upon the adoption of this Resolution by both
the Senate and House of Representatives, the Clerk of the
House of Representatives shall immediately transmit certified
copies thereof to the Civil Aeronautics Authority of the Uni-
ted States, the Post Office Department of the United States,
United States Senators Charles O. Andrews and Claude Pepper,
and United States Congressmen from Florida, Millard Cald-
well, Lex Green, Pat Cannon, Joe Hendrix and Hardin Peter-
son.
Which was read the first time in full.
Mr. Collins moved that the rules be waived and House Con-
current Resolution No. 4 be read the second time in full.
Which was agreed to by a two-thirds vote.
And House Concurrent Resolution No. 4 was read the second
time in full.

Mr. Collins moved the adoption of the resolution.
Pending the adoption thereof-

April 10, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

42 JOURNAL OF THE HOUSE OF REPRESENTATIVES April 10, 1939

By Messrs. Holt, Lindsey and Overstreet of -Dade
on the Death of
THE HON. JOHN P. STOKES

"Louse 'Resolution To. 19

WHEREAS, on April 10, 1939, the Hon. John P. Stokes, former Legislator,
an eminent lawyer and an outstanding citizen of Florida, passed to the Great
Beyond; and
WHEREAS, his death removes from our midst the presence of a beloved
citizen, whose record of achievement stands as an example of patriotism, fidel-
ity to duty and unstinted public service to those who follow; and
WHEREAS, such contributions to the destiny of this State are worthy of
note at his death, and should be recognized and attended with proper expres-
sions to be recorded upon the pages of the history of our State, NOW THERE-
FORE
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE
STATE OF FLORIDA that the House does hereby record this memorial and
expression of bereavement upon the death of the Hon. John P. Stokes, of
Miami:
IN MEMORIAM-JOHN P. STOKES
Born at Pensacola, Florida, November 30, 1886, his childhood, youth and
early manhood were passed in his native city, attending there the public
schools and later pursuing the study of law in the offices of prominent Pensa-
cola attorneys. He had a noteworthy public career, in part as follows: He was
admitted to the Bar at the age of nineteen; at the age of twenty-two he was
elected to and served as a member of the House of Representatives of Florida.
At the age of twenty-four he was elected to the Senate of Florida and served
during the Sessions of 1911 and 1913, and was again a member of the Senate
during the Sessions of 1919, 1921 and 1923, resigning from the State Senate
to engage in the private practice of law in the City of Miami. He served as
State's Attorney for the First Judicial Circuit of Florida during the years
1917 and 1918. He was a life-long member of the Democratic Party. In the
field of his chosen profession of the law his talents and ability were recognized
throughout the confines of the State of Florida, and his fame and renown as
a trial lawyer extended far beyond the boundaries of the State. He numbered
his acquaintances by the myriads among all classes of people. He was truly
a self-made man, having in his youth worked as a boilermaker, and without
the advantages of wealth or position rose rapidly to become a leader in poli-
ties, citizenship and his profession. He was a man of culture, refinement and
personal charm; a person whose philosophy of life looked to the optimistic
side; a man kind, genteel and charitable. Florida has lost a good citizen and
an excellent lawyer. May this permanent record of his achievements express
and show the esteem that he merits from the people among whom he lived
and for whom he devoted his life's effort.
BE IT FURTHER RESOLVED that a copy of these resolutions certified
by the Secretary of the State of Florida under the Great Seal of the State of
Florida be immediately forwarded to the bereaved family of Hon. John P.
Stokes.
BE IT FURTHER RESOLVED that a copy of these resolutions be spread
upon a page of the Journal of the House of the State of Florida, and made a
permanent record of this Legislature.

BE IT FURTHER RESOLVED that a copy of these resolutions be furnished
to the press.

I

II 1-1 -I 1 "r

JOURNAL OF THE HOUSI

Mr. Outman moved that the Resolution be referred to the
Committee on Resolutions.
Pending the consideration thereof-
Mr. Collins moved that House Concurrent Resolution No. 4
be postponed until 11:15 o'clock Tuesday, April 11, at which
time it be made a special and continuing order of business.
Which was agreed to.
And House Concurrent Resolution No. 4 was ordered post-
poned until 11:15 o'clock Tuesday, April 11, at which time it
will be made a special and continuing order of business.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Mr. Beasley of Walton-
House Bill No. 166.
A bill to be entitled An Act providing that it shall be
unlawful to have a spot light attached to any motor vehicle
operating on any of the highways of the State of Florida and
providing a penalty for the violation of the provisions of
this Act.
Which was read the first time by its title and referred
to the Committee on Motor Vehicles & Carriers.
By Mr. Overstreet, of Dade-
House Bill No. 167.
A bill to be entitled An Act regulating the allowance of
exemptions for household goods and personal effects of legal
residents of the State of Florida and to the head of a fam-
ily residing in this State, excepting household goods and
personal effects used for commercial purposes and fixing the
amount of such exemptions and prescribing the duties of
county and city officers and taxpayers with reference thereto.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Messrs. Burwell and Leaird, of Broward-
House Bill No. 168:
A bill to be entitled An Act to declare, designate and estab-
lish a certain state road in Broward County, Florida.
Which was read the first time by its title and referred to
the Committee on Public Roads & Highways.
By Messrs. Burwell and Leaird, of Broward-
House Bill No. 169.
A bill to be entitled An Act relating to the compensation
of the county judge in all counties in the State of Florida
having a population of not less than twenty-two thousand
two hundred nor more than twenty-three thousand fifty,
according to the nineteen thirty-five state census; and pre-
scribing the time when this Act shall become a law.
Which was read the first time by its title and referred to
the Committee on Census & Apportionment.
By Mr. Smith, of Clay-
House Bill No. 170.
A bill to be entitled An Act to amend Sections 1 and 3 of
Chapter 17252, Laws of Florida, Acts of 1935, being "An Act
to require all owners or operators of school busses to secure
and keep in force liability insurance on each of such busses,
and to authorize County Boards of Public Instruction and/or
trustees or special tax school districts to insure against acci-
dent children while being transported to or from school", so
as to provide that County Boards of Public Instruction or
trustees of special tax school districts shall pay the premuims
on all such liability insurance.
Which was read the first time by its title and referred to
the Committee on Motor Vehicles & Carriers.
By Mr. Smith of Clay--
House Bill No. 171:
A bill to be entitled An Act fixing the registration or re-
registration fee to be paid and the tax to be collected by the
State Motor Vehicle Commissioner for the registration or re-
registration or licensing of school busses.
Which was read the first time by its title and referred' to
the Committee on Vehicles and Carriers.
By Messrs. Butt of Brevard and Getzen of Sumter-
House Bill No. 172:

A bill to be entitled An Act, to be cited as the "Rural Elec-
tric Cooperative Act", to provide for the organization, opera-
tion and management of cooperative, non-profit, membership
corporations, referred to as "Cooperatives", for the purpose

April 10, 1939

A bill to be entitled An Act providing for the cancellation
of all outstanding tax sales certificates held and owned by
the State of Florida, and all tax liens for unpaid State and
county taxes on certain lands in Hillsborough County, Florida.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.

_ OF REPRESENTATIVES 43

of engaging in rural electrification by supplying electric
energy and promoting and extending the use thereof in rural
areas; prescribing the powers of such cooperatives, the in-
clusion of certain words in the names thereof, the number and
character of the incorporators, the contents and manner of
execution of the articles of incorporation and by-laws there-
for, the qualifications of members, the meetings of such
members and the voting privileges thereof, the election of
boards of trustees, the meetings, terms, quorum, powers and
other matters relating thereto, provisions for voting districts,
for the election of trustees and delegates, and provisions re-
lating to the appointment and removal of officers and their
powers and duties; prescribing the method of the amendment
of the articles of incorporation of such cooperatives and for
the consolidation, and merger thereof and the effect of such
consolidation or merger; prescribing the method of conversion
of existing corporations into such cooperatives; prescribing
for the initiative of members by petition; prescribing the
method of dissolution of such cooperatives; prescribing the
method of filing articles thereof; prescribing for the disposi-
tion of the revenues of such cooperatives and for the distri-
bution of patronage refunds; prescribing for the disposition
of the property of such cooperatives under certain conditions,
for the non-liability of members for the debts of such co-
operatives, for the recordation of mortgages, deeds of trust
and other instruments executed thereby, for waiver of notice
required by this Act and for trustees, officers or members
serving as notaries public; prescribing for the qualification
of similar foreign corporations for the transaction of business
in this State; prescribing certain filing fees; prescribing an
annual license fee to be paid by such cooperatives and ex-
empting them from excise taxes; providing for the exemption
of such cooperatives from commission jurisdiction and from
the provisions of the Uniform Sale of Securities Act; defin-
ing certain terms; prescribing for the liberal construction of
this Act, the separability of its provisions and that the terms
thereof shall be controlling and further prescribing the effec-
tive date thereof.
Which was read the first time by its title and referred to
the Committee on Public Utilities and Agriculture.
By Mr. Burks of Pasco-
House Bill No. 173:
A bill to be entitled An Act to amend Section 10 of Chapter
7905, Acts of 1919, being Section 3966 of the Compiled Gen-
eral Laws of Florida, 1927, as amended by Section 1 of Chap-
ter 15615, Acts of 1931, so as to provide that the inspection
fee of one eighth cent per gallon on all gasoline, kerosene
and signal oil collected pursuant to said Chapter 7905 as
amended by Chapter 10134, Acts of 1925, shall be paid into
the State Treasury in a fund to be known as the "Gasoline
Inspection Fund", so much thereof as actually necessary to
be used to pay the expenses incurred in enforcing the gaso-
line and oil inspection laws, and the residue or surplus to be
paid into the State Road License Fund and used by the State
Road Department for State road construction and main-
tenance.
Which was read the first time by its title and referred to
the Committee on Public Roads and Highways.
By Messrs. Malone and Holsberry of Escambia, Sheldon

House Bill No. 174.
A bill to be entitled An Act to provide for the purchase,
distribution and administration of salvarsan, neosalvarsan,
arsphenamine, bismarsen, mapharsen, neoarsphenamine and
sulpharsphenamine in the State of Florida by the State Board
of Health; making appropriation therefore and creating a
fund to be known as the Salvarsan Fund; providing for the
free distribution thereof and the manner of said distribution,
and providing for a penalty for making fraudulent applica-
tions for same.
Which was read the first time by its title and referred to
the Committee on Public Health.
By Mr. Martin, of Hillsborough-
House Bill No. 175.

JOURNAL OF THE HOUSE

By Mr. Sheldon, of Hillsborough-
House Bill No. 176.
A bill to be entitled An Act to amend Section 19 of Chap-
ter 18011 (No. 305), being Senate Bill No. 917, Laws of Flor-
ida of the Acts of the Legislature of 1937, same being en-
titled, "An Act relating to license taxes, repealing Chapter
14491, and Chapter 14528, Laws of Florida, Acts of 1929; re-
pealing parts of Chapter 2 of Title VI, of Division 1 of the
Revised General Statutes of Florida, of 1920; repealing Chap-
ter 16801 and Chapter 17167, Laws of Florida, Acts of 1935';
imposing certain license taxes and providing for the payment
and collection thereof, and providing that license taxes shall
be a lien on the property of the person liable therefore, un-
der certain circumstances", and exempting therefrom ma-
chines vending drinking cups, postage stamps, and also coin
operated machines or devices, such as parcel checking lock-
ers and toilet locks used in railroad, bus, airport stations,
depots, and hotels, boarding houses, restaurants, and rest
rooms, for the convenience of, or in rendering service to the
public.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Messrs. Dekle of Hillsborough and Outman of Pinellas-
House Bill No. 177.
A bill to be entitled An Act in relation to taxation and to
the assessment of property for taxation; to provide for the
equalization of taxes; creating a State Tax Commission, and
prescribing its jurisdiction, powers and duties and how they
should be exercised; fixing the compensation of its members;
regulating and prescribing the duties of other officials of the'
several counties and of the State in relation to the State
Tax Commission; fixing the compensation of the State Tax
Commission; and making an appropriation for its compen-
sation and expenses; providing for penalties and punishment
for failure to comply with this Act.
Which was read the first time by its title and referred to
the Committees on Finance & Taxation and Appropriations.
By Mr. Clement of Pinellas-
House Bill No. 178:
A bill to be entitled An Act defining and prohibiting unfair
sales, providing remedies for violation thereof, and establsh-
ing penalties therefore.
Which was read the first time by its title and referred to the
Committee on Judiciary B.
By Mr. Cooley of Lake-
House Bill No 179:
A bill to be entitled An Act to amend Section 1 and Section
2, Chapter 13620, Acts of 1929, being "An Act creating the
Florida Crippled Children's Commission and providing for the
appointment, term of office and manner of succession of the
members thereof; providing for the organization, powers and
duties of said commission; granting unto said commission
power to designate hospitals, clinics, or other medical centers
for the care, treatment, hospitalization and convalescence of
crippled children, and to pay the costs thereof in cases of
indigent or partially indigent children; to authorize said com-
mission to employ orthopedic surgeons, physicians, nurses or
other help; designating the Juvenile Court, and where such
Court is not in existence, the County Judge as the agency to
determine and certify who are indigent children, and to make
the necessary appropriations for carrying out the provisions of
this act."
Which was read the first time by its title and referred to the
Committee on Public Welfare.
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 180:
A bill to be entitled An Act for the promotion and encour-
agement of water craft industry; exempting pleasure yachts
and boats of non-resident ownership which are enrolled, regis-
tered or licensed at ports in States or Countries other than
the State of Florida, from personal property tax and repealing
all laws in conflict herewith.
Which was read the first time by its title and referred to the
Committee on Finance and Taxation.
By Mr. Henderson of Volusia-
House Bill No. 181:

A bill to be entitled An Act to create a system for the ad-
ministration of. adult probation and parole; authorizing and
regulating the use of probation, suspension of sentence and

E OF REPRESENTATIVES April 10, 1939

parole; establishing a State Commission of Probation and Pa-
role; conferring and defining its jurisdiction, powers and
duties; providing for the method of selection or appointment
of its members; regulating the employment or appointment,
removal and discharge of its employees: regulating the com-
pensation of members of the Commission and of employees
thereof: making violations of certain provisions of this Act
misdemeanors and providing therefore: and for other related
purposes: making appropriation for operation of this Act:
effective date of Act: and to repeal all Acts and parts of
Acts inconsistent with this Act.
Which was read the first time by its title and referred to the
Committee on Judiciary "B."
By Messrs. West of Santa Rosa and Drummond of Holmes-
House Bill No. 182:
A bill to be entitled An Act to amend Chapter 18402, Acts of
1937, by making necessary provisions for the Florida Industrial
Commission to requisition lump sum amounts from the Comp-
troller for payment of benefits; to provide for a "Benefit Pay-
ment account"; to provide for the commission to draw and
issue checks in payment of benefits to individuals entitled
thereto under this act; and in so doing to amend Section 10
of said "Florida Unemployment Compensation Law".
Which was read the first time by its title and referred to the
Committee on Public Welfare.
By Mr. McLeod of Franklin-
House Bill No. 183:
A bill to be entitled An Act for the Conservation and Protec-
tion of Crabs, prohibiting the taking of Crabs of certain sizes,
and female crabs in the condition commonly known as sponge
crabs; prohibiting the possession of any crabs taken in viola-
tion of this law; providing penalties for violations.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. Lanier of Madison-
House Bill No. 184:
A bill to be entitled An Act to repeal Chapter 14832 of the
Laws of Florida, Acts of 1931, being entitled An Act to provide
for the State Racing Commission, to prescribe its powers and
duties, and to fix the compensation of its members; to pro-
vide for holding referendum and recall elections in any County
to determine whether racing shall be permitted or continued
therein; to provide for licensing and taxing such racing and
apportioning the monies derived therefrom among the several
counties in the State; to provide for and regulate the making
of pari-mutuel pools within the enclosure of licensed race
tracks; providing certain penalties for the violation of this
Act and for other purposes relating thereto.
Which was read the first time by its title and referred to
the Committee on Public Amusements.
By Mr. Lanier of Madison-
House Bill No. 185:
A bill to be entitled An Act to repeal Chapter 18002, Laws
of Florida, Acts of 1937, being entitled "An Act to amend
Section 5995, Revised General Statutes of Florida of 1920, same
being Section 8289, Compiled General Laws of Florida of 1927,
same being Laws fixing and prescribing power and jurisdiction
of Justices of the Peace to try and determine misdemeanors
committed in their respective districts"; the effect of this Act
being to abolish trial jurisdiction of misdemeanors in Justice
of .the Peace, and to invest same in the County Judge; and
providing that all proceedings now pending in the Justice of
the Peace courts shall not be affected by this Act, and making
certain exemptions for counties in specified classifications.
Which was read the first time by its title and referred to
the Committee on Judiciary "C."
By Mr. Lanier of Madison-
House Bill No. 186:
A bill to be entitled An Act to repeal Chapter 1476, Laws
of Florida, Acts of 1866, same being Sections 5873, 5874, and
587.5, of the Compiled General Laws of Florida, Acts of 1927,
same being entitled "An Act to require the children of des-
titute persons to provide for the support of said persons."
Which was read the first time by its title and referred to

the Committee on Judiciary "B."
By Mr. Scofield of Citrus-
House Bill No. 187:
A bill to be entitled An Act imposing a license tax on the
privilege of fishing for, catching, killing, or taking fish, in,

upon, or from any of the fresh or salt waters of the State of
Florida, with or by the use of hook, line, rod, reel, or othjr
hand fishing tackle or device; providing for the collection of
such tax and the issuance of licenses; providing for the ad-
ministration and enforcement of this Act, and the disposition
of moneys collected hereunder; providing penalties for viola-
tions of this Act; and repealing conflicting laws.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. Strayhorn of Lee-
House Bill No. 188:
A bill to be entitled An Act amending Section 17 of Chapter
18285 of the General Laws of Florida, Acts of 1927, the same
being An Act creating a State Welfare Board and District
Welfare Boards; and providing for their appointment, quali-
fications, powers and duties.
Which was read the first time by its title and referred to
the Committee on Public Welfare.
By Messrs. Fuller and Outman of Pinellas-
House Bill No. 189:
A bill to be entitled An Act to cancel and release all State,
Pinellas County and Special District taxes, tax sale certificates
and tax deeds issued to and owned by the State of Florida,
County of Pinellas or other special taxing districts on lands
owned by the Pinellas Council Boy Scouts of America, Inc. and
now being used for Boy Scout purposes, and in this Act de-
scribed; and to exempt said lands from taxation beginning
with the year 1939, and continuing thereafter as long as said
lands are used for Boy Scout purposes.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Messrs. Inman of Bradford, Cook of Flagler, and Getzen
of Sumter-
House Bill No. 190:
A bill to be entitled An Act to regulate "finance companies",
defining such companies, to require a permit for such com-
panies, prescribing a license tax and a tax upon their transac-
tions, placing the regulations and administration hereof in the
hands of the Comptroller and prescribing penalties for
violations.
Which was read the first time by its title and referred to
the Committees on Judiciary "C" and Banks and Loans.
By Mr. Drummond of Holmes-
House Bill No. 191:
A bill to be entitled An Act for the relief of E. M. Reynolds,
a County Commissioner of Holmes County.
Which was read the first time by its title and referred to
the Committee on Claims.
'By. Mr. Stokes of Bay-
House Bill No. 192:
A bill to be entitled An Act to provide for the payment of
commission to Tax Assessors for assessing and extending taxes
for all County obligations, including time warrants and in-
terest on same, which are held and disbursed by the adminis-
trative board of the State of Florida, and providing for the
manner of payment of such commissions, in Counties with a
population of not less than 16,825, and not more than 16,830,
according to the 1935 State census of Florida.
Which was read the first time by its title and referred to
the Committee on Census & Apportionment.
By Mr. Crary of Martin--
House Bill No. 193:
A bill to be entitled An Act providing for the relief of Mrs.
Dale E. Noyes, as guardian of Rosalee Malphurs, a minor;
providing for the manner of payment; providing for the re-
peal of all laws in conflict herewith, and providing when this
Act shall become effective.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. Martin, of Polk--
House Bill No. 194.
A bill to be entitled An Act amending Section 5, of Chap-
ter 13761, Laws of Florida, Acts of 1929, entitled, "An Act

repealing Sections 370, 410, 412 of Compiled General Laws,
1927, being same as Sections 313, 353 and 355 of Revised
General Statutes, 1920, and amending Sections 356, 359, 361,

45

386, 387, 400, 401, 405, 406, 407, 408, 409, 411 and 421, Com-
piled General Laws of Florida, 1927, being Sections 300, 303,
305, 329, 330, 343, 344, 348, 349, 350, 351, 352, 354 and 364,
Revised General Statutes of Florida, 1920, relating to pri-
mary elections providing for a second primary election, abol-
ishing second choice voting, and relating to the qualification
of voters and the registration of voters, and other matters
in connection therewith," being Section 387, Compiled Gen-
eral Laws, 1927, by changing to forty-five days the time for
candidates for county offices to file their sworn statements
and receipts for committee assessments.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Martin, Marchant and Sinclair of Polk-
House Bill No. 195.
A bill to be entitled An Act to amend Section 4, of Chap-
ter 13761, Laws of Florida, Acts of 1929, entitled, "An Act re-
pealing Sections 370, 410, 412 of Compiled General Laws, 1927,
being same as Sections 313, 353 and 355 of Revised General
Statutes, 1920, and amending Sections 356, 359, 361, 386, 387,
400, 401, 405, 406, 407, 408, 409, 411 and 421, Compiled Gen-
eral Laws of Florida, 1927, being Sections 300, 303, 305, 329,
330, 343, 344, 348, 349, 350, 351, 352, 354 and 364, Revised
General Statutes of Florida, 1920, relating to primary elec-
tions providing for a second primary election, abolishing sec-
ond choice voting and relating to the qualification of voters
and the registration of voters, and other matters in connec-
tion therewith," as amended by Chapter 16990, Laws of Flor-
ida, Acts of 1935, entitled, "An Act to amend Section 329 Re-
vised General Statutes as amended by Section 4 of Chapter
13761, Acts 1929, Laws of Florida, relating to time for pay-
ing fee and qualifying by candidates for State offices run-
ning in primary election," being Section 386, Compiled Gen-
eral Laws of 1927 (supplement), by changing to forty-five
days the time for candidates for State offices to file their
sworn statements and receipts for committee assessments.
Which was read the first time by its title and referred to
the Committee on Elections.
By Mr. Martin, of Polk-
House Bill No. 196.
A bill to be entitled An Act to authorize the Florida In-
dustrial Commission to assist and cooperate in the enforce-
ment of the Fair Labor Standards Act of 1938.
Which was read the first time by its title and referred to
the Committee on Labor.
By Messrs. Martin, Marchant and Sinclair of Polk-
House Bill No. 197.
A bill to be entitled An Act to amend Chapter 18011, Laws
of Florida, Acts of 1937, the same being entitled "An Act
relating to license taxes, repealing Chapter 14491, and Chap-
ter 14528, Laws of Florida, Acts of 1929, repealing parts of
Chapter 2 of Title VI, of Division 1 of the Revised General
Statutes of Florida, of 1920; repealing Chapter 16801 and
Chapter 17167, Laws of Florida, Acts of 1935; imposing cer-
tain license taxes and providing for the payment and collec-
tion thereof, and providing that license taxes shall be a lien
on the property of the person liable therefore, under certain
circumstances.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Mr. Martin of Polk-
House Bill No. 198:
A bill to be entitled An Act to provide for the issuance of
a driver's license; providing for the revocation and suspension
thereof by courts of competent jurisdiction; providing the
amount to be paid for such license; disposing of the funds
derived from the issuance of such license; and providing
penalties for the violation thereof.
Which was read the first time by its title and referred to
the Committee on Motor Vehicles & Carriers.
By Messrs. Martin, Marchant and Sinclair of Polk-
House Bill No. 199:
A bill to be entitled An Act to provide alternate jurors for
the trial of cases in Circuit and Criminal Courts of the State
of Florida where the presiding Judge in his discretion shall
deem it necessary.

Which was read the first time by its title and referred to
the Committee on Judiciary "C."

April 10, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

46 JOURNAL OF THE HOUSE

By Mr. Ray of Manatee-
House Joint Resolution No. 200:
A JOINT RESOLUTION proposing to amend Section 19
of Article IV of the Constitution of the State of Florida relat-
ing to the succession to the office of Governor.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That Section 19 of Article IV of the Constitution of the
State of Florida relating to the succession to the office of
Governor be and the same is hereby amended, and as amended
is agreed to and shall be submitted to the electors of the State
of Florida at the next general election to be held on the first
Tuesday after the first Monday in November, 1940, for ratifi-
cation or rejection.
Said Section 19 of Article IV, as amended, shall read as
follows:
Section 19. A Lieutenant-Governor shall be elected at the
same time and places, and in the same manner as the Gov-
ernor, whose term of office and eligibility shall also be the
same. He shall be President of the Senate but shall have only
a casting vote therein, and shall perform such other duties
not: inconsistent herewith and receive such emoluments as the
Legislature may by law provide, which shall not be less than
pay of members of the Senate.
In case of the death, resignation or removal of the Gover-
nor, the Lieutenant-Governor shall become Governor. In case
of the disability of the Governor to discharge his official duties
by reason of impeachment, prolonged absence from the State,
or mental or physical disease, the Lieutenant-Governor shall
act as Governor, with all the powers, duties and emoluments
of that office, for the residue of the term or until such disa-
bility ceases, whichever shall be first, and the Legislature may
by law define what shall constitute disability by prolonged
absence from the State and mental and physical disease. In
a like mode the Secretary of State shall succeed to the office
of Governor if there be no Lieutenant-Governor or he be un-
able to perform the duties of the office of Governor as herein
provided, and the Legislature may by law extend the succession
to such office to other offices of the State.
At the next succeeding general election, a Lieutenant-Gov-
ernor shall be elected for the residue of the term correspond-
ing with the office of Governor, and until such election, the
President of the Senate shall be Lieutenant-Governor, and
shall vacate his seat as a member of the Senate.
That part of Section 6 of this Article empowering the Senate
to choose a President of the Senate, is hereby abrogated.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Ray of Manatee-
House Bill No. 201:
A bill to be entitled An Act granting a pension to Susie
Sauls of Manatee County, Florida.
Which was read the first time by its title and referred to
the Committee on State Pensions.
By Messrs. Getzen of Sumter, Cooley and Robinson of Lake,
Johnson of Hernando, Burks of Pasco and Folks of Marion-
House Bill No. 202:
A bill to be entitled An Act for the enlargement, further
and additional improvement, maintenance and up-building
of Dade Memorial Park and making appropriations therefore.
Which was read the first time by its title and referred to
the Committee on Appropriations.
Mr. Dekle moved that the rules be waived and when the
House adjourn today it adjourn until 11:00 o'clock Tuesday
morning, April 11.
Which was agreed to by a two-thirds vote.
By Mr. Getzen of Sumter-
House Bill No. 203:
A bill to be entitled An Act to provide for the relief of the
aged and infirm citizens of the State of Florida: to provide
for the allocation and distribution of the monies collected: to

provide the rate of compensation at which such persons as
may be entitled to aid hereunder may be paid: to fix the
duties of Boards of County Commissioners and the State Pen-
sion Board in relation thereto: the manner in which citizens
may obtain the benefits thereof: the time when citizens shall
be entitled thereto: to provide the manner and time of pay-
ment of such aid to persons entitled thereto: to provide the

IE

OF REPRESENTATIVES April 10, 1939

records to be kept: to provide for the penalties for violations
for provisions of this Act and to repeal all laws in conflict
herewith.
Which was read the first time by its title and referred to
the Committee on Public Welfare.
By Mr. Getzen of Sumter-
House Bill No. 204:
A bill to be entitled An Act authorizing duly licensed and
practicing physicians in the State of Florida to compound and
fill their own prescriptions from Drug Stores or Apothecary
Shops owned and operated by such physicians.
Which was read the first time by its title and referred to
the Committee on Public Health.
By Mr. McCarty of St. Lucie-
House Bill No. 205:
A bill to be entitled An Act for the relief of M. E. Decker.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. McCarty of St. Lucie-
House Bill No. 206:
A bill to be entitled An Act relating to the cancellation of
certain tax certificates of the State of Florida.
Which was read the first time by its title and referred to
the Committee on Finance and Taxation.
By Mr. McCarty of St. Lucie-
House Bill No. 207:
A bill to be entitled An Act for the relief of Oscar Osteen
and Edgar R. Brown.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Hodges of Orange and Cooley of Lake-
House Bill No. 208:
A bill to be entitled An Act removing the disabilities of
married women in certain instances; making married women
solely liable for their individual torts and providing that in
suits brought by or against a married woman it shall not be
necessary to join her husband or next friend as a party to
such suit and repealing conflicting laws.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Hodges of Orange and Cooley of Lake-
House Bill No. 209:
A bill to be entitled An Act making estates by the entire-
ties, other than homestead property, liable for the joint con-
tracts, debts, and torts of husband and wife and repealing
conflicting laws.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Hodges of Orange and Cooley of Lake-
House Bill No. 210:
A bill to be entitled An Act regulating acknowledgments
by married women of instruments required by law to be ac-
knowledged by married women and repealing conflicting laws.
Which was read the first time by its title and referred to
the Committee on Judiciary "B".
By Messrs. Hodges of Orange and Cooley of Lake-
House Joint Resolution No. 211:
A joint resolution proposing an amendment of Section 2,
Article 11, of the Constitution of the State of Florida, relat-
ing to married women's property.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment of Section 2, Article 11, of
the Constitution of the State of Florida, be, and the same is
hereby agreed to, and shall be submitted to the electors of
the State of Florida at the next general election to be held
on the first Tuesday after the first Monday in November,
A. D. 1940, for approval or rejection; that is to say, that said
Section 2, of Article 11, be amended to read as follows:

Section 2: The property of a married woman, other than
homestead property, shall be liable, both in law and in equity,
for her contracts and debts, and may be sold to satisfy any
judgment or decree rendered against her.
Which was read the first time in full and referred to
the Committee on Constitutional Amendments.

By Messrs. Morrow and Beck of Palm Beach-
House Bill No. 212:
A bill to be entitled An Act authorizing and directing a re-
fund from the State Treasury to Palm Beach Mercantile Com-
pany, a Florida corporation, for payments made to Secretary
of State upon its capital stock in excess of the amount re-
quired by it to be paid pursuant to Chapter 14,677, Acts of
1931 as amended.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. Outman of Pinellas-
House Bill No. 213:
A bill to be entitled An Act to prescribe the oath to be taken
by registrants for primary elections, registering electors taking
such oath, and for the preservation of their oaths.
Which was read the first time by its title and referred to
the Committee on Elections.
By Mr. Outman of Pinellas-
House Joint Resolution No. 214:
A Joint Resolution proposing to amend Section 5 Article 8
of the Constitution of the State of Florida relating to County
Commissioners.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That Section 5, of Article 8 of the Constitution of the State
of Florida, relating to County Commissioners, be and the same
is hereby amended, and as amended is agreed to and shall be
submitted to the electors of the State of Florida at the general
election of Representatives to be held in 1940 for approval or
rejection. Said Section 5 of Article 8, as amended, shall read
as follows:
"SECTION 5. That there shall be in each of the County Com-
missioner's districts, as now existing by law in each County,
a Commissioner who shall be elected by the qualified electors
of said County, at the time and place of voting for other
County officers, and shall hold his office for four years, pro-
vided, however, that the County Commissioners elected in the
general election in 1940, from the even numbered districts
shall serve for two years, and those from the odd numbered
districts shall serve for four years, and thereafter the terms
shall be four years. The powers, duties and compensation of
such County Commissioners shall be prescribed by law."
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Outman of Pinellas-
House Bill No. 215:
A bill to be entitled An Act fixing the time for opening and
closing the polls in primary, general, and special elections in
the State of Florida and repealing Section 309 Compiled Gen-
eral Laws of Florida, 1927, being Section 253 of the Revised
General Statutes of Florida, 1920.
Which was read the first time by its title and referred to
the Committee on Elections.

47

By Mr. Beasley of Walton-
House Bill No. 216:
A bill to be entitled An Act providing for the re-registration
of voters for all elections to be held in the year A. D. 1940 and
subsequent years thereafter, in counties of this State having a
population of not less than 14,500 and not more than 14,600
according to the last Federal census.
Which was read the first time by its title and referred to
the Committee on Census & Apportionment.
By Messrs. Collins and Moore of Leon-
House Bill No. 217:
A bill to be entitled An Act to prescribe the time in which
appeals in chancery and writs of error in actions at law may
be prosecuted in this state.
Which was read the first time by its title and referred to the
Committee on Judiciary "A."
By Messrs. Collins and Moore of Leon-
House Bill No. 218:
A bill to be entitled An Act to amend Section 3170, Revised
General Statutes of 1920, Sectic'a 4962, Compiled General Laws
of 1927, relating to supersedeas and supersedeas bonds in suits
in chancery.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Collins and Moore of Leon-
House Bill No. 219:
A bill to be entitled An Act to amend Section 2911, Revised
General Statutes of 1920, Section 4621, Compiled General
Laws of 1927, relating to supersedeas and supersedeas bonds in
actions at law.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
REPORT OF STANDING COMMITTEES
Mr. Christie, Chairman of the Committee on Rules and
Calendar, offered the recommendations of the Committee for
the rules to govern the House of Representatives for the 1939
Session and moved that the report be made a special and con-
tinuing order of business Wednesday, April 12, when the order
of business under the heading Standing Committee Reports
is reached.
Which was agreed to.
And it was so ordered.
Mr. Martin of Hillsborough moved that 250 copies of House
Memorial No. 1 be printed.
Which was agreed to.
And it was so ordered.
Mr. Hodges moved that the House do now adjourn.
Which was agreed to.
Thereupon at the hour of 5:03 P. M. the House stood ad-
journed until 11:00 o'clock Tuesday morning, April 11.

April 10, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

TUESDAY, APRIL 11, 1939

The House was called to order by the Speaker at 11 A. M.
The roll was called and the following members answered to
their names:
Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch, Folks,
Frank, Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Du-
val), Harrell (Hamilton), Harrell (Indian River), Harris,
Henderson, Hodges, Holsberry, Holt, Howze, Inman, Jenkins,
Johnson (Gadsden), Johnson (Hernando), Lanier, Leaird, Lee-
dy, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy), Lindsey,
Malone, Marchant, Martin (Hillsborough), Martin (Polk),
Moore, Morrow, McCall, McCarty, McLeod, Niblack, Outman,
Overstreet, Papy, Peeples, Pickles, Platt, Ray, Robinson, Scales,
Scofield, Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey,
Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzky
-95.
A quorum present.
The following prayer was rendered by the Chaplain:
"Give us, Lord, a chance to be,
Our very best, brave, wise and free;
Our very best, for ourselves and others,
And all men learn to live like brothers."
In Jesus' name, Amen.
The reading of the Journal was dispensed with.
CORRECTION OF THE JOURNAL
On page 7, column 1, add the following after the word
"Judiciary C" on line 35 reading from bottom of page: "and
Banks & Loans."
The Journal of the House of Representatives for April 10
was corrected and as corrected was approved.
The Speaker announced the following appointments:
To the Committee on Conservation: Mr. Lewis of Levy; Mr.
Papy of Monroe; Mr. Sikes of Okaloosa; Mr. Strayhorn of
Lee.
To the Committee on Public Roads & Highways: Mr. Lind-
sey of Dade; Mr. Cook of Flagler; Mr. Griner of Dixie; Mr.
Papy of Monroe.
To the Committee on Cities & Towns: Mr. Holt of Dade;
Mr. Sheldon of Hillsborough.
INTRODUCTION OF HOUSE RESOLUTIONS
By Messrs. Dukes of Union, Leaird and Burwell of Broward,
McLeod of Franklin, Ayers of Gilchrist, Harrell of Indian
River, Ange of LaFayette, West of Santa Rosa, Douglas and
Fearnside of Putnam, Harris and Jenkins of Alachua, Versaggi
and Turner of St. Johns, Morrow and Beck of Palm Beach,
Frank and Folks of Marion, Stokes of Bay, Adams of Calhoun,
Finch of Jackson, Lehman of Seminole, Johnson of Hernando,
Shave of Nassau, Farabee of Hardee, Cook of Flagler, Getzen
of Sumter, Clement and Fuller of Pinellas, Crary of Martin,
Tomasello of Okeechobee, Gillespie of Volusia, Lewis of Levy,
Fraser of Baker, Inman of Bradford, Dishong of DeSoto, Smith
of Clay, Dekle, Sheldon and Martin of Hillsborough, Wotitzky
of Charlotte, Peeples of Glades, Becton of Wakulla, Boatwright
and Allen of Suwannee, Simpson of Jefferson, Bruns of Osce-
ola, Lanier of Madison, Sikes of Okaloosa, Papy of Monroe,
Strayhorn of Lee, Griner of Dixie, Berry of Washington, John-
son of Gadsden, Niblack of Columbia, and Beasley of Walton-
House Resolution No. 21:
Providing the Members of the House of Representatives of
the Florida Legislature with the complete set of Compiled
General Laws of 1927, annotated with supplements up to date.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES.
SECTION I. That from and after the passage of this Reso-
lution the Sergeant-at-Arms shall take all steps necessary to

secure and shall deliver to each member of the House of
Representatives, a complete set of the 1927 Compiled General
Laws of the State of Florida, annotated and all supplements
thereto up to date.
SECTION II: That the expense of procuring and furnish-
ing the books referred to in Section One of this Resolution
shall be and is hereby included as a part of the expenses of
the House of Representatives of this the 1939 Session of the
Florida Legislature:
Which was read the first time in full.
Mr. Scofield moved that the rules be waived and the House
do now consider House Resolution No. 21.
A roll call was demanded upon the motion by Mr. Scofield.
Upon call of the roll on the motion to waive the rules and
now consider House Resolution No. 21 the vote was:
Yeas-Messrs. Adams, Allen, Ange, Ayers, Beasley, Beck,
Becton, Berry, Boatwright, Bruns, Burwell, Clement, Cook,
Crary, Dekle, Douglas, Dukes, Farabee, Fearnside, Folks,
Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Indian River),
Harris, Holsberry, Inman, Johnson (Hernando), Leaird, Leh-
man, Leonardy, Lewis (Levy), Malone, Marchant, Martin
(Hillsborough), Morrow, McLeod, Niblack, Papy, Peeples,
Pickels, Scofield, Shave, Sheldon, Sikes, Simpson, Sinclair,
Smith, Stokes, Strayhorn, Tomasello, Turner, Versaggi, War-
ren, West, Whitehurst, Wotitzky-59.
Nays-Mr. Speaker; Messrs. Burks, Butt, Christie, Collins,
Cooley, Dishong, Drummond, Finch, Frank, Harrell (Duval),
Harrell (Hamilton), Henderson, Hodges, Holt, Howze, Jenkins,
Johnson (Gadsden), Lanier, Leedy, Lewis (Gulf), Martin
(Polk), Moore, McCall, McCarty, Outman, Overstreet, Platt,
Ray, Robinson, Scales, Slappey, Stewart, Sudduth, Surrency
-35.
The motion failed to receive the necessary two-thirds vote
and House Resolution No. 21 was referred to the Committee
on Legislative Expense.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Mr. Leedy of Orange-
House Bill No. 220:
A bill to be entitled An Act to authorize, empower and
direct the Comptroller of the State of Florida to draw war-
rants on the State Treasury in favor of certain persons, firms
and/or corporations for a refund of license taxes paid by such
persons, firms and/or corporations under the provisions of
Chapter 17178, Laws of Florida, Acts of 1935, declared un-
constitutional by the Supreme Court of Florida, and making
appropriation therefore.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Holt, Lindsey and Overstreet of Dade, McCarty
of St. Lucie, Beck of Palm Beach, Malone and Holsberry of
Escambia, Smith of Clay, Papy of Monroe, Burwell of Brow-
ard, Fraser of Baker, Leaird of Broward, and Tomassello of
Okeechobee-
House Bill No. 221:
A bill to be entitled "An Act for the relief of motor boat-
ing: To provide for the refunding to the extent of three cents
per gallon of excise tax levied under Chapter 15659, Acts of
1931, Laws of Florida upon gasoline or other like products
of petroleum under whatever name designated to the pur-
chaser thereof where such fuel is purchased exclusively for
and used in the operating of marine engines; providing for
the method of making application for such refunds; provid-
ing for the method of payment of such refunds; authorizing
the Comptroller of the State of Florida to pay such refunds
out of money paid into the "State Road License Fund" in
the hands of the Treasurer of the State of Florida by virtue
of Chapter 15659, Acts of 1931, Laws of Florida; limiting the
time in which claims for refund may be made; prescribing
penalty for making false or fraudulent application for re-

48

funds; repealing all laws in conflict with the provision of
this Act and providing for the taking effect of this Act."
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Mr. Lindsey of Dade-
House Bill No. 222:
A bill to be entitled An Act to amend Section 2696, of the
Revised General Statutes of Florida, 1920, as amended by
Chapter 9364, Laws of Florida, Acts of 1923, and as amended
by Chapter 10163, Laws of Florida, Acts of 1925, being the
same as Section 4363, of the Compiled General Laws of Flor-
ida, 1927, relating to charges to juries and direction of ver-
dicts by the court; and repealing all laws or parts of laws
in conflict with this Act.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Mr. Lindsey of Dade-
House Bill No. 223:
A bill to be entitled An Act to amend Section 1 of Chapter
18399, Laws of Florida, 1937 entitled "An Act prohibiting
foreign trust companies and banks not authorized to do busi-
ness in Florida from transacting trust business or exercising
trust powers in this State" by adding thereto a proviso al-
lowing corporations to hold and convey title in certain cases
and by adding another proviso allowing the execution of
deeds by foreign corporations in certain cases.
Which was read the first time by its title and referred to
the Committee on Banks & Loans.
By Messrs. Overstreet, Holt and Lindsey of Dade-
House Bill No. 224:
A bill to be entitled An Act to extend and enlarge the
corporate limits of the City of Miami, in the County of
Dade, Florida; to prescribe the liability of property within
the annexed territory for municipal taxation; to give the said
City of Miami jurisdiction over the territory embraced in said
extension, and repealing all laws or parts of laws in conflict.
Which bill was read the first time by its title, and had
attached to same when introduced in the House of Repre-
sentatives the following proof of publication which was order-
ed to be entered in full upon the Journal of the House of
Representatives:

AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA,
COUNTY OF DADE.
On this day personally appeared before me Walter Hoyt, to
me well known, who being by me first duly sworn deposes and
says that he is the publisher of Miami Citizen, a newspaper
published in the City of Miami, County of Dade, and State
of Florida; That said newspaper has been published in ac-
cordance with the provisions and requirements of an Act
relating to publication of legal notices and process in news-
papers in the State of Florida, Laws of Florida, Acts of 1931,
approved May 20, 1931, and known as Senate Bill No. 58; And
that the attached advertisement was published in said news-
paper once a week for a period of one week, to wit: in the
issues of said newspaper published on March 9, A. D. 1939.
WALTER HOYT,
Sworn to and subscribed before me this 10th day of March,
1939.
(Seal)
M. E. ROBERTS,
Notary Public, State of Florida.
My commission expires June 10, 1942.
And the House of Representatives thereupon determined
that the evidence that said bill has been published in com-
pliance with Section 21 of Article III of the Constitution has
been established in this Legislature.
And the bill was placed on the Calendar of Local Bills.
By Mr. Dekle of Hillsborough-
House Bill No. 225:
A bill to be entitled An Act relating to the compensation of
the Clerk of the Supreme Court of Florida, the fees required
to be collected by him and to provide for their disposition.

Which was read the first time by its title- and referred to
the Committee on Judiciary "A."

49

By Committee on Judiciary "A"-
House Bill No. 226:
A bill to be entitled An Act providing for the voluntary
resignation and retirement of Circuit Judges under certain
conditions; establishing a fund to be known as "The Circuit
Judges Retirement Fund," and providing for contribution
thereto by Circuit Judges under certain conditions; providing
for the pay of such retired Circuit Judges; making appropria-
tions to carry out the provisions of this act; and prohibiting
such retired Circuit Judges from practicing law.
Which was read the first time by its title and placed on the
calendar without reference.
By Mr. Lanier of Madison-
House Bill No. 227:
A bill to be entitled An Act to provide for the purchase, dis-
tribution and administration of anti-hog cholera serum and
hog cholera virus in the State of Florida by the State Live
Stock Sanitary Board: making appropriation therefore and
creating a fund to be known as the serum fund.
Which was read the first time by its title and referred to
the Committees on Agriculture and Appropriations.
By Mr. Lewis of Gulf-
House Bill No. 228:
A bill to be entitled An Act to provide for impounding of all
excise and license taxes now levied and collected by the State
of Florida from the operation of any race track or pari-mu-
tuel pools in the State of Florida, in the event that the ap-
portionment and distribution thereof among the several coun-
ties of the State as now provided by law is held to be invalid
by the Supreme Court of Florida, and authorizing the State
Treasurer of the State of Florida to hold said funds in a spe-
cial fund to be retained by him and to distribute the same
only in such manner and at such time as prescribed by the
Legislature of the State of Florida.
Which was read the first time by its title and referred to
the Committee on Public Amusements.
By Mr. Slappey of Gadsden-
House Bill No. 229:
A bill to be entitled an Act relating to the management and
control of the Florida State Hospital; providing for the em-
ployment of a superintendent; prescribing the duties of the
superintendent and other employees; fixing the bond of the
superintendent; providing for the compensation of the super-
intendent; prescribing the method of fixing bond of other em-
ployees; prescribing the manner of removal of superintendent
and other employees; providing for the keeping of records of
patients; providing for the admission of pay patients; provid-
ing for the care of such patients; fixing the manner of pay-
ment and the amount to be paid for the care custody and
maintenance of said pay patients; providing for the fixing of
bond for such payment for the care, custody and mainten-
ance of said pay patients by the Board of Commissioners of
State Institutions.
Which was read the first time by its title and referred to
the Committee on State Institutions.
By Messrs. Slappey and Johnson of Gadsden, Leedy and
Hodges of Orange, Fuller of Pinellas, Frank of Marion, Inman
of Bradford, and Scales of Taylor-
House Bill No. 230:
A bill to be entitled An Act providing for the repayment to
every county and/or Special Road and Bridge District or
other Special Taxing Districts of such county of all amounts
which shall have been furnished, advanced, paid out, distrib-
uted or expended in the construction or building within such
county or any road which shall have been designated a State
Road since the enactment of Chapter 15659, Acts of 1931; di-
recting the proceedings to bring about such payment, and
fixing the basis of such payment.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Messrs. Slappey and Johnson of Gadsden, Fuller of Pi-
nellas, Scales of Taylor, and Inman of Bradford-
House Bill No. 231:
A bill to be entitled An Act to amend Sections 8 of Chapter
15659, Laws of Florida, Acts of 1931, entitled "An Act relat-

ing to taxation, levying and imposing an excise tax on gasoline
and other like products of petroleum in addition to other taxes
thereon; levying and imposing a license tax on every dealer
in gasoline or any other like product of petroleum; providing

April 11, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

50 JOURNAL OF THE HOUSE

for the report of sale of such commodities, and the collection
and payment of such taxes; creating special funds for the re-
ception of such taxes; providing the purposes of such taxes,
and for the deposit, appropriation and disposition of the
proceeds derived from such taxes, and prescribing the duties
of certain officials with reference thereto, and declaring cer-
tain roads to have been and to be built for State purposes and
as being State undertakings; repealing Chapter 14575, Laws of
Florida, Acts of 1929, relating to the subject of gasoline taxes;
repealing Chapter 14573, Acts of 1929, relating to the subject
of gasoline taxes, and raising special revenue for educational
purposes, and all laws in conflict with this act; providing for
the enforcement of this act and penalties for violation here-
of."
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Messrs. Fearnside and Douglas of Putnam, Ange of La-
fayette, Scofield of Citrus and Henderson of Volusia-
House Bill No. 232:
A bill to be entitled An Act to amend Section 1010, revised
general statutes, being Section 1284, Compiled General Laws
of Florida, 1927, as amended by Chapter 15625, Laws of Flor-
ida, Acts of 1931, as amended by Section 2 of Chapter 16085,
Laws of Florida, Acts of 1933, relating to the operation, li-
censing and taxing of motor vehicles, trailers, semi-trailers
and motor vehicle side cars and providing penalties for the
violation thereof.
Which was read the first time by its title and referred to
the Committee on Motor Vehicles & Carriers.
By Mr. Whitehurst of Highlands-
House Bill No. 233:
A bill to be entitled An Act to make the University of Flor-
ida at Gainesville and the Florida State College for Women
at Tallahassee, co-educational, to designate the names of said
Institutions and to prescribe the duties of the Board of Con-
trol in connection therewith.
Which was read the first time by its title and referred to
the Committee on Education "A."
By Messrs. Crary of Martin, Platt of Collier, Burwell and
Leaird of Broward, Marchant and Sinclair of Polk, Bruns of
Osceola, Outman and Fuller of Pinellas, Leedy of Orange,
Martin, Sheldon and Dekle of Hillsborough, Overstreet and
Lindsey of Dade, Cooley and Robinson of Lake, Holsberry of
Escambia, Beck and Morrow of Palm Beach, and Ray of
Manatee-
House Bill No. 234:
A bill to be entitled An Act to make it unlawful to take,
capture, kill, possess, barter, sell, purchase, or knowingly tran-
sport, or to attempt to take, capture, kill, possess, barter, sell,
purchase, or knowingly transport, any alligator or crocodile,
or the skin, teeth, or eggs of any alligator or crocodile, and
providing penalties for violation of this act, and repealing all
laws in conflict with the provisions of this act.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. Crary of Martin-
House Bill No. 235:
A bill to be entitled An Act to amend Chapter 16,992, Laws
of Florida, Acts of 1935, being "An Act relating to the admin-
istration of estates and providing upon what conditions no
administrations therein shall be necessary, and providing the
conditions, procedure, cost and effect thereof."
Which was read the first time by its title and referred to
the Committee on Judiciary "A."
By Mr. Burks of Pasco-
House Bill No. 236:
A bill to be entitled An Act to amend Section 757 of the
Revised General Statutes of Florida, 1920, the same being
Section 970 of Compiled General Laws of Florida of 1927 as
amended by Section 4 of Chapter 14572 Laws of Florida
adopted 1924 and as further amended by Section I, Chapter
15798 Laws of Florida Acts of 1931 relating to recommend

that a copy of advertisement of tax sale be filed with the
Clerk of the Circuit Court and providing for the payment of
the Tax Collector's fees for the time of sale and for the form
of notice.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.

I

Sworn to and subscribed before me this 25th day of March,
A. D. 1939.
(Seal)
FRED K. SAGE,
Notary Public, State of Florida.
My commission expires November 25, 1942.

E OF REPRESENTATIVES April 11, 1939

Mr. Cooley asked unanimous consent to make a motion.
Which was agreed to.
Mr. Cooley moved that the rules be waived and that when
the House do adjourn it adjourn at 11:45 o'clock this morn-
ing in order to witness the motion picture prepared by David
Newell on the resources of wild life of Florida and that the
House convene at 11:00 A. M. Wednesday, April 12.
Which was agreed to by a two-thirds vote.
By Mr. Leedy of Orange-
House Bill No. 237:
A bill to be entitled An Act taxing the manufacture, dis-
tribution and sale of beverages containing more than one
per centum of alcohol by weight, amending Section 10 of
Chapter 18015 of the Acts of 1937, entitled: "An Act regulat-
ing and taxing the manufacture distribution and sale of
beverages containing more than one per centum of alcohol
by weight, amending Sections 7 and 9 of Chapter 16774 of
the Acts of 1935, entitled 'An Act regulating and taxing the
manufacture, distribution and sale of beverages containing
more than one per centum of alcohol creating and providing
for a State Beverage Department, providing penalties for the
violation of this Act and repealing existing laws concerning
said beverages'; providing for additional supervisors of the
Beverage Department; providing for the expenses of the
Beverage Department; appropriating the monies collected
under the beverage laws and providing penalties for the vio-
lation of this Act."
Which was read the first time by its title and referred to
the Committees on Temperance and Finance & Taxation.
By Messrs. Leedy of Orange, Ray of Manatee, Cooley of
Lake, and Simpson of Jefferson-
House Bill No. 238:
A bill to be entitled An Act to establish a State Fishing
License for taking fresh water fish applying to all resident
persons of the State of Florida above the age of fifteen years
who fish with a rod and reel, artificial lures, or fly, in the
waters where fresh water fish frequent, and providing penal-
ties for violation of same.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Messrs. Outman, Fuller and Clement of Pinellas-
House Bill No. 239:
A bill to be entitled An Act to make it unlawful to take
from any of the waters in Pinellas County, Florida, scallops
from April 15th to July 15th, both dates inclusive, of any
year, and providing a penalty for the violation thereof: and
providing the effective date thereof.
Which bill was read the first time by its title, and had at-
tached to same when introduced in the House of Represen-
tatives the following proof of publication which was ordered
to be entered in full upon the Journal of the House of Rep-
resentatives:
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA,
COUNTY OF PINELLAS.
On this day personally appeared before me Jay H, Hennig,
to me well known, who, being by me first duly sworn, deposes
and says that he is the publisher of the Tarpon Springs Leader,
a newspaper published in the City of Tarpon Springs, County
of Pinellas and State of Florida; that said newspaper has
been continuously published at least once a week and has been
entered as second class matter at a postoffice in the County
and State aforesaid for a period of more than one year next
preceding the first insertion of the attached publication; That
said newspaper has been published in accordance with the
provisions and requirements of an act relating to publication
of legal notices and process in newspapers in the State of
Florida, Laws of Florida, Acts of 1931, approved May 20, 1931,
and known as Senate Bill No. 58; And that the attached ad-
vertisement was published in said newspaper once each week
for a period of one week, to wit; in the issues of said news-
paper published on March 24th, A. D. 1939.
JAY H. HENNIG,

JOURNAL OF THE HOUSE

And the House of Representatives thereupon determined
that the evidence that said bill has been published in com-
pliance with Section 21 of Article III of the Constitution has
been established in this Legislature.
And the bill was placed on the Calendar of Local Bills.
By Messrs. Howze and Ray of Manatee-
House Bill No. 240:
A bill to be entitled An Act making an appropriation for
the maintenance of the Judah P. Benjamin Memorial in
Manatee County, Florida, and compensation of the custodian.
Which was read the first time by its title and referred to
the Committee on Appropriations.
By Mr. Harrell of Duval-
House Bill No. 241:
A bill to be entitled An Act appropriating moneys for the
use and benefit of the Florida National Exhibits, Inc., in con-
nection with the establishment and maintenance of the Flor-
ida Exhibit at the New York World Fair.
Which was read the first time by its title and referred to
the Committee on Appropriations.
By Messrs. Fuller and Outman of Pinellas-
House Bill No. 242:
A bill to be entitled An Act providing that the City of St.
Petersburg, Florida, shall not be responsible in damages to
any person, firm or corporation for injury to person or prop-
erty caused by the unsafe condition of any street, sidewalk,
cross walk or alley over which the City of St. Petersburg,
Florida, has control unless prior to said injury to person or
property a written notice be given of such unsafe condition
to the City Manager of the City of St. Petersburg, Florida,
and the city shall fail within a reasonable time after said
notice to repair the same; repealing all laws or parts of
laws in conflict herewith and also providing for the sub-
mission of this Act to the electorate of the City of St. Peters-
burg for its approval or rejection and subject to said approval
providing for the effective date of this Act.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Lewis of Levy, and Ayers of Gilchrist-
House Bill No. 243.
A bill to be entitled An Act relating to fishing and making
it unlawful to take from the fresh waters of the State of
Florida any large or small mouth black bass during the period
of each year beginning March 1st and ending April 20th; and
providing penalties for the violation of this Act.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Messrs. Fuller and Outman of Pinellas-
House Bill No. 244:
A bill to be entitled An Act granting to the City of St.
Petersburg, Florida, the power to remove, clear away and dis-
pose of all accumulations of brush, high weeds, high grass or
other vegetation liable to communicate fire, located in or upon
any property in the City of St. Petersburg, Florida, and to
assess the cost thereof to the property from which said ac-
cumulation of brush, high weeds and high grass or other
vegetation liable to communicate fire were removed; provid-
ing for the method of making such assessment; prescribing
that said assessment and interest thereon shall be a lien
superior to all other liens except State, County and City
taxes; providing that said lien shall be collected in the same
manner as the advalorem taxes of said city; providing for
the payment of said cleaning and clearing of land, from ad-
valorem taxation, or the collections from the assessment liens
authorized by this Act; providing an interest penalty of three
per cent per month or fraction thereof; also providing for
the approval or rejection of this Act by the electorate of the
City of St. Petersburg and providing in the case of ratifica-
tion, the effective date of this Act; repealing all laws or
parts of laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Judiciary "A"
By Messrs. Marchant, Martin and Sinclair of Polk, Fuller,
Clement and Outman of Pinellas, Holt, Lindsey and Over-
street of Dade, Hodges and Leedy of Orange, Henderson and
Gillespie of Volusia, Warren and Harrell of Duval, Malone

and Holsberry of Escambia, Morrow and Beck of Palm Beach,
and Lehman of Seminole-

April 11, 1939

on the Part of the House of Representatives.
The Resolutions contained in the above report were there-
upon duly signed by the Speaker and Chief Clerk of the House
of Representatives in open session, and ordered referred to
the Chairman of the Committee on Enrolled Bills on the part
of the House of Representatives to be conveyed to the Senate
for the signatures of the President and Secretary thereof,

E OF REPRESENTATIVES 51

House Bill No. 245:
A bill to be entitled An Act to regulate the purchase in
certain counties of wages, salaries or other compensation for
services and the taking of assignments thereof where the
consideration for the purchase or assignment shall be $300
or less, and to provide that such transactions shall, in the
application of laws relating to loans, interest charges or
usury, in such counties, be deemed loans secured by such
assignments and the amount by which such assigned compen-
sation shall exceed the amount of the consideration actually
paid therefore shall, in such application of such laws, be deem-
ed interest on the loan from the date of the payment for
such purchase or assignment until the date such compensa-
tion is payable.
Which was read the first time by its title and referred to
the Committees on Judiciary "A" and Judiciary "C".
By Mr. Marchant of Polk-
House Bill No. 246:
A bill to be entitled An Act for the relief of Woodrow W.
Cottingham, a resident of Polk County, Florida, providing an
appropriation for injuries and damages sustained by him
while a member of the One Hundred and Sixteenth Field
Artillery, Florida National Guard, with the rank of Sergeant;
providing for the State Treasurer and the State Comptroller
of the State of Florida to draw and cause to be drawn war-
rant in payment of the said appropriation herein provided
for and providing for the enforcement of this Act.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Warren of Duval, Martin and Sheldon of Hills-
borough-
House Bill No. 247:
A bill to be entitled An Act to regulate the sale, possession,
prescribing and dispensing certain dangerous drugs, provid-
ing certain exceptions, providing for its enforcement and
penalties for violations thereof.
Which was read the first time by its title and referred to
the Committee on Public Health.
REPORT OF JOINT COMMITTEE ON ENROLLED BILLS
Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Representa-
tives, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 11, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
(Senate Concurrent Resolution No. 1):
Senate Concurrent Resolution advising the Governor that
the Legislature by his request will assemble in the Chamber
of the House of Representatives for the purpose of receiving
his Excellency's message in joint assembly.
Also-
(Senate Concurrent Resolution No. 2):
Senate Concurrent Resolution inviting President Franklin
D. Roosevelt to address the Legislature upon such subject as
he may select, and at such time, as he may designate.
Also-
(Senate Concurrent Resolution No. 3):
Senate Concurrent Resolution granting to the ladies of the
American Legion Auxiliary at Tallahassee, Florida the privi-
lege of conducting a cold drink stand in the lobby of the
Capitol during the duration of the 1939 session of Legislature.
Have carefully examined same, and find same correctly
enrolled and herewith present the same for the signatures
of the Speaker and Chief Clerk of the House of Representatives.
Very respectfully,
H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills

JOURNAL OF THE HOUSI

Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Representa-
tives, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 11, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
(Senate Concurrent Resolution No. 1):
Senate Concurrent Resolution advising the Governor that
the Legislature by his request will assemble in the Chamber
of the House of Representatives for the purpose of receiving
his Excellency's message in joint assembly.
Also-
(Senate Concurrent Resolution No. 2):
Senate Concurrent Resolution inviting President Franklin
D. Roosevelt to address the Legislature upon such subject as
he may select, and at such time, as he may designate.
Also-
(Senate Concurrent Resolution No. 3):
Senate Concurrent Resolution granting to the ladies of the
American Legion Auxiliary at Tallahassee, Florida the privi-
lege of conducting a cold drink stand in the lobby of the
Capitol during the duration of the 1939 session of Legislature.
Beg leave to report that the same have this day been pre-
sented to the Governor for his approval.
Very respectfully,
H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Representa-
tives, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 11, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
(House Concurrent Resolution No. 1):
A Concurrent Resolution providing that all Florida invite
their Majesties, George VI and Elizabeth, King and Queen
of Great Britain and Ireland and of the Dominions beyond
the Seas, Emperor and Empress of India, to visit the State
while they are Honor Guests of the United States.
Also-
(House Joint Memorial No. 1):
A Joint Memorial to the Honorable Franklin D. Roose-
velt, President of the United States, and the Honorable Senate
and House of Representatives of the United States, in Con-
gress Assembled, memorializing and petitioning the Congress
of the United States to immediately enact the General Wel-
fare Act of 1937, known as bill H. R. 2 and now pending in
Congress, providing for a national old age retirement system
and creating a fund for the maintenance thereof.
Beg leave to report that the same have this day been pre-
sented to the Governor for his approval.
Very respectfully,
H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
Mr. Leedy moved that the rules be waived and the House
do now revert to the order of introduction of House Reso-
lutions.
Which was agreed to by a two-thirds vote.
INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Leedy of Orange-
House Resolution No. 22:

WHEREAS, it has been proposed that the Congress of the
United States enact legislation subjecting to the operation of
the income tax laws of the United States interest upon bonds
of States, counties, cities, school districts, road districts and
other local taxing authorities; and

E OF REPRESENTATIVES April 11, 1939

WHEREAS, in the opinion of the House of Representatives
of the State of Florida, the marketability and desirability of
such bonds will be seriously impaired by the enactment of such
legislation, and in consequence thereof the counties, munici-
palities, school districts, road districts and other local taxing
authorities of Florida and other States will find it necessary
to pay substantially higher rates of interest upon bonds is-
sued by them, and will find it more difficult to market and
dispose of their securities, except at substantially lower prices,
all of which will hamper the improvement and development
of the State and increase the burdens of taxpayers;
NOW, THEREFORE, BE IT RESOLVED by the House of
Representatives of the State of Florida assembled at the
regular session of the Legislature of said State in the year
1939 that this House deprecates and is opposed to the passage
of congressional legislation extending the income tax laws
of the United States to county, city, school and other local
districts bonds, and respectfully requests the Senators and
Representatives :of this State in the Congress of the United
States to oppose such proposed legislation;
BE IT FURTHER RESOLVED that the Clerk of this House
be directed to send a copy of this resolution to each of the
Senators and members of the Congress of the United States
from the State of Florida, and respectfully request their co-
operation and assistance in furthering the policy declared by
these resolutions.
Which was read in full.
Mr. Leedy moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 22 was adopted.
Mr. Leedy moved that the House do now revert to the
regular order of business.
Which was agreed to.
And it was so ordered.
Mr. Sikes moved that a committee of three be appointed
to escort the Honorable Tom Bailey, President of the Florida
Education Association, to the rostrum.
Which was agreed to.
Thereupon the Speaker appointed Messrs. Sikes, Dekle and
Beasley who escorted Mr. Bailey to the rostrum where he was
introduced by the Speaker to the membership of the House.
SPECIAL AND CONTINUING ORDER OF BUSINESS
House Concurrent Resolution No. 4:
A Resolution urging the Civil Aeronautics Authority of the
United States to grant the application of Eastern Air Lines
for an extension of its Memphis to Tallahassee air line route
from Tallahassee to Ocala, Orlando, West Palm Beach and
Miami and return.
WHEREAS, it has come to the attention of the Legislature
that Eastern Air Lines has made application to the Civil
Aeronautics Authority of the United States Government for
permission to operate an extension of its Memphis to Talla-
hassee Air Line from Tallahassee to Ocala, Orlando, West
Palm Beach and Miami and return; and
WHEREAS, air passenger service over the proposed extend-
ed route will greatly facilitate the travel of those in Central
and South Florida who find it both necessary or desirous to
travel to and from Tallahasee, the capital of the State of
Florida, on official business with a minimum of time away
from their respective homes and places of business; and
WHEREAS, the proposed extension will render to the entire
State a much needed and desired air mail service in addition
to the passenger service aforesaid.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
Section 1. That the Civil Aeronautics Authority of the
United States Government be and it is hereby respectfully
petitioned and requested to promptly grant the pending ap-
plication of Eastern Air Lines for an extension of its Mem-
phis to Tallahassee Air Line from Tallahassee, to Ocala, Or-
lando, West Palm Beach and Miami and return.
Section 2. That upon the adoption of this Resolution by
both the Senate and House of Representatives, the Clerk of

the House of Representatives shall immediately transmit certi-
fied copies thereof to the Civil Aeronautics Authority of the
United States, the Post Office Department of the United
States, United-States Senators Charles O. Andrews and Claude
Pepper, and United States Congressmen from Florida, Millard

Caldwell, Lex Green, Pat Cannon, Joe Hendrix and Hardin
Peterson.
Was taken up.
Mr. Collins moved that House Concurrent Resolution No. 4
be informally passed at this time.
Which was agreed to.
And it was so ordered.
MESSAGES FROM THE SENATE
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 7, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted--
Senate Concurrent Resolution No. 8:
WHEREAS, the pine belt of the South has been developed
into one of the main sources of wood pulp in North America,
and
WHEREAS, a great portion of the State of Florida is with-
in the pine belt and there has been attracted to the region
large investments for the purpose of processing Southern
pine into wood pulp, and
WHEREAS, the wood pulp industry in Florida and the
United States has been adversely affected by the recent
change in the relation between the British, Swedish and
Finnish moneys and the American dollar, and
WHEREAS, the foreign wood pulp producers have obtained
thereby an advantage over American producers of wood pulp
in the United States market, and
WHEREAS, by reason of the advantage of foreign pro-
ducers of wood pulp over American producers of wood pulp
the demand for American produced wood pulp has declined
drastically for the past several months and workers in Amer-
ican wood pulp producing mills find their income either re-
duced or cut off entirely, and
WHEREAS, the Federal Government could rectify this un-
fortunate condition by means at their disposal;
THEREFORE BE IT RESOLVED by the Senate, the House
concurring, that Congress be requested to invoke such
monetary clauses in the British, Swedish and Finnish Trade
Agreements as may be necessary to protect the American
wood pulp industry as well as other industries in competition
with goods imported from the said countries, and to take
cognizance of the plight of American wood pulp producers.
BE IT FURTHER RESOLVED that a copy of this resolu-
tion be dispatched immediately upon its passage to each
member of the Florida Delegation in Congress for their
earnest consideration.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 8 contained in the
above message, was read the first time in full.
Mr. Shave moved that the rules be waived and Senate Con-
current Resolution No. 8 be read the second time in full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 8 was read the sec-
ond time in full.
Mr. Shave moved the adoption of the concurrent resolution.
Which was agreed to.
And Senate Concurrent Resolution No. 8 was adopted.
And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 7, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:

I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-

House Bill No. 107:
A bill to be entitled An Act transferring and appropriating
funds to pay the cost of completing and furnishing the North
Wing of the State Capitol and providing for the payment
thereof.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And House Bill No. 107 contained in the above message,
was referred to the Committee on Enrolled Bills.
And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 11, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
Senate Bill No. 82:
A bill to be entitled An Act relating to State appropriations
from the General Revenue Fund, declaring appropriations
from the General Revenue Fund for the benefit of the uni-
form system of Public Free Schools and the State Institu-
tions of Higher Learning, to be on a Parity with all other
appropriations for all other purposes from the General
Revenue Fund.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 82 contained in the above message,
was read the first time by its title and was referred to the
Committee on Education "A".
And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 7, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted-
Senate Concurrent Resolution No. 7:
WHEREAS, The whole world, rent asunder by strife and
contention, violence and intolerance, is today in a state of
turmoil and uncertainty, marked by a titantic struggle be-
tween Democracy and Autocracy, while in this Country anti-
American forces are striving to discredit and destroy the
ideals and institutions symbolized by the American Flag, and
social, political and economic forces are combating one
another; and
WHEREAS, Never before in the history of the Nation has
there been greater need among our people for the unity, co-
operation and tolerance for which our Country's Flag stands;
and
WHEREAS, With the Stars and Stripes as its emblem
The United States Flag Association, a non-profit, non-parti-
san and non-sectarian organization incorporated under Fed-
eral law and headed by the President of the United States
as Honorary President General, is, with the cooperation of
various groups, organizations and fields of activity in our
National life, conducting a National Patriotic Revival, cul-
minating in FLAG WEEK, June 8th to 14th next, for the
two-fold purpose (1) of awakening our people to the dangers
threatening our National life, thereby causing them to re-
solve as never before to uphold and preserve our Country's
ideals and institutions, and (2) of promoting National Unity,

Patriotic Cooperation and Racial and Religious Tolerance;
therefore,

April 11, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

BE IT RESOLVED BY THE SENATE OF THE
STATE OF FLORIDA, THE HOUSE OF REPRESENTA-
TIVES CONCURRING:
That the Legislature of the State of Florida heartily in-
dorses the plan for a great National Patriotic Revival, and
that the Governor is hereby authorized and requested, first,
to direct the State Superintendent of Public Instruction to
arrange for the suitable observance of FLAG WEEK in all
the public schools, and, secondly, to issue a proclamation
calling upon the State officials to display the United States
Flag on all State buildings during FLAG WEEK, and invit-
ing the people of the State to fly the Flag at their homes
and other suitable places as well as on their cars, and that
in every community they hold special exercises at which
means shall be taken to give significant expression to our
thoughtful love of America, our pride in its glorious history,
our faith in its destiny, our devotion to its ideals and insti-
tutions and our determination to uphold and preserve them
now and forever.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 7 contained in the
above message, was read the first time in full.
Mr. Christie moved that the rules be waived and Senate
Concurrent Resolution No. 7 be read a second time in full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 7 was read a sec-
ond time in full.
Mr. Christie moved the adoption of the Concurrent Reso-
lution.
Which was agreed to.
And Senate Concurrent Resolution No. 7 was adopted.
COMMITTEE REPORTS
Mr. Dekle, Chairman of the Committee on Judiciary "A",
reported that the Committee had considered the following
bill, and recommended that it do pass as amended-
House Bill No. 104:
A bill to be entitled An Act fixing the salaries of the jus-
tices of the Supreme Court, making appropriation to pay the
same, and repealing conflicting laws.
Amendment Number One: In Section 1, line 4, strike out
the words, "Ninety-six Hundred Dollars" and insert the fol-
lowing: "Seventy-five Hundred Dollars".
Committee vote was as follows:
Yeas-Messrs. Butt, Christie, Clement, Finch, Harrell, Lewis,
Lindsey, Marchant, and Dekle.
Nays-Messrs. Cooley, Drummond, Lanier, and Lindsey.
Absent-Messrs. Collins and Morrow.
Very respectfully,
SETH DEKLE,
Chairman of Committee.
And House Bill No. 104, together with Amendment, con-

E OF REPRESENTATIVES April 11, 1939

trained in the above report, was placed on the Calendar of
Bills on second reading.
Mr. Dekle, Chairman of the Committee on Judiciary "A",
reported that the Committee had considered the following
bill and recommended that it do pass-
House Bill No. 35:
A bill to be entitled An Act to prescribe a method by
which any person formerly a non-resident who has become
"a resident and citizen of the State of Florida and has adopted
"a place of domicile in this State may establish record evi-
dence of the fact of such change of residence, citizenship
and place of domicile; prescribing the duties of the Attorney
General of the State of Florida and of the Clerks of the Cir-
cuit Courts of the several counties of the State of Florida
in connection therewith and fixing fees to be charged by
such clerks; and prescribing a method for revoking such
change of residence, citizenship and place of domicile.
Committee vote was as follows:
Yeas-Messrs. Butt, Cooley, Christie, Clement, Drummond,
Finch, Harrell, Lanier, Lewis, Lindsey, Malone, Marchant and
Dekle.
Nays-None.
Absent-Messrs. Collins and Morrow.
Very respectfully,
SETH DEKLE,
Chairman of Committee.
And House Bill No. 35, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Dekle, Chairman of the Committee on Judiciary "A",
reported that the Committee had considered the following
bill, and recommend that it do pass-
House Bill No. 34:
A bill to be entitled An Act to amend an Act entitled:
"An Act relating to the disposition of unclaimed funds in the
hands of receivers or other representatives of persons, firms
or corporations that have been or are in the process of volun-
tary or involuntary liquidation under the laws of this State,"
being Chapter 12035, Laws of Florida, approved June 4, 1927,
and to provide for judicial proceedings to determine the ex-
istence and rights, if any, of claimants to such funds, and
for service of process in such proceedings upon unknown
persons and claimants, and further to provide for the dis-
position of such funds.
Committee vote was as follows:
Yeas-Messrs. Butt, Cooley, Christie, Clement, Drummond,
Finch, Harrell, Lanier, Lewis, Lindsey, Malone, Marchant and
Dekle.
Nays-None.
Absent-Messrs. Collins and Morrow.
Very respectfully,
SETH DEKLE,
Chairman of Committee.
And House Bill No. 34, contained in the above report, was
placed on the Calendar of Bills on second reading.
The hour of 11:45 A. M. having arrived the House stood
adjourned until 11:00 o'clock Wednesday, April 12, 1939.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

WEDNESDAY, APRIL 12, 1939

The House was called to order by the Speaker at 11 A. M.
The roll was called and the following members answered to
their names:
Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch, Folks,
Frank, Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Du-
val), Harrell (Hamilton), Harrell (Indian River), Harris,
Henderson, Hodges, Holsberry, Holt, Howze, Inman, Jenkins,
Johnson (Gadsden), Johnson (Hernando), Lanier, Leaird,
Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy), Lind-
sey, Malone, Marchant, Martin (Hillsborough), Martin (Polk),
Moore, Morrow, McCall, McCarty, McLeod, Niblack, Outman,
Overstreet, Papy, Peeples, Pickles, Platt, Ray, Robinson, Scales,
Scofield, Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey,
Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzky
--95.
A quorum present.
The following prayer was rendered by the Chaplain:
Our God and Father, help us to hold to Thy hand, even as
a child clings to a loved parent, so that we may grow in spirit
and in understanding of Thy way. In the name of our
Savior. Amen.
The reading of the Journal was dispensed with.
The Journal of the House of Representatives for April 11th
was corrected and as corrected was approved.
The following communications were received and read:
State of Florida
EXECUTIVE DEPARTMENT
Tallahassee
April 12, 1938.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Tallahassee, Florida.
Sir:
I have the honor to inform you that on April 12th, A. D.
1939, I approved the following Resolution and Memorial which
originated in your Honorable Body and have caused the same
to be filed in the office of the Secretary of State:
House Concurrent Resolution No. 1 relating to King and
Queen of England.
House Joint Memorial No. 1 relating to General Welfare
Act.
Respectfully yours,
FRED P. CONE,
Governor.
FLORIDA STATE SENATE
Tallahassee, Florida
June 18, 1937.
Honorable R. A. Gray,
Secretary of State,
Capitol Building.
Sir:
I hand you herewith House Bill No. 1966 (enrolled) fixing
the compensation of County Commissioners of Counties of the
State of Florida having a population of not less than 51,000
or more than 58,000 etc.
On June 4, 1937, the Senate reconsidered the vote by which
House Bill No. 1966 passed the Senate on June 3, 1937.
The President's signature was withheld from the attached
enrolled bill on motion of Senator Beall.
Please see page 3 of the Journal of the Senate for June
4, 1937.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate

FLORIDA STATE SENATE
Tallahassee, Florida
June 18, 1937.
Honorable R. A. Gray,
Secretary of State,
Capitol Building.
Sir:
I hand you herewith House Bill No. 1379 (enrolled) relat-
ing to the manner in which the City of Pensacola may expend
funds etc.
On motion of Senator Beall the Senate on June 2, 1937 re-
considered the vote by which House Bill No. 1379 passed the
Senate on May 31, 1937.
The President's signature was withheld from the attached
enrolled bill on motion of Senator Beall.
Please see page 25 of the Journal of the Senate for June
2, 1937.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
FLORIDA STATE SENATE
Tallahassee, Florida
June 18, 1937.
Honorable R. A. Gray,
Secretary of State,
Capitol Building.
Sir:
I hand you herewith House Bill No. 817 (enrolled) relating
to the hunting and taking of game in all counties of the State
of Florida having a population of less than 11,650 and not
more than 11,690 etc.
The President's signature was withheld from the attached
enrolled bill on motion made by Senator Mapoles.
Please see Page 28 of the Journal of the Senate for June
4, 1937.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Which were read and filed together with the bills attached
thereto.
EXECUTIVE COMMUNICATIONS
The following communication from the Secretary of State
was received and read:
OFFICE OF THE SECRETARY OF STATE
Tallahassee, Florida
April 5th, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
In conformity with the requirements of the Constitution of
the State of Florida, I herewith transmit to you for the con-
sideration of the House of Representatives, the following ve-
toed Acts with the Governor's objections attached thereto, viz:
(House Bill No. 112):
"An Act to provide for the taking of a State census of the
Counties of Dade and Monroe and to appropriate funds
therefore "
(House Bill No. 298):
"An Act to amend Section 4 of Chapter 17474, Laws of
Florida, Acts of 1935, being an Act entitled "An Act to pro-
vide educational opportunities at State expense for children
of a deceased veteran of the Militia, Naval, Marine or Nurses'
Corps of the United States entering such service from the
State of Florida. Said veteran dying in service between the
6th day of April, 1917, and the 2nd day of July 1921, or from
injuries sustained or diseases contracted while in service and
for children of parents having been a bona fide resident of
Florida for five years next preceding application for benefits
55

56

under this Act and providing for rules, restrictions and limi-
tations hereof; providing for the manner and application of
sums appropriated and expended under this Act and with-
drawing of the benefit of this Act for such child or children;
providing for the appropriation of monies and its application
therefore in regards to benefit set forth under this Act."
(House Bill No. 828):
"An Act to provide for the naming, qualifications, duties,
salaries, and employment of a Chief Probation Deputy, and
Assistant Probation Deputies, in lieu of Probation officers and
Assistant Probation officers, in any of those Counties of this
State which now have, or which may hereafter have, a popu-
lation of over one hundred and eighty thousand people; to
provide that the Judge of the Juvenile Court in such Counties
shall select and approve all employees especially engaged for
duty and service in such Courts; to provide for the assistance
of such Courts by other officers of the law; and to repeal all
laws or parts of laws in conflict."
(Committee Substitute for House Bill No. 1325):
"An Act to prohibit the sale of merchandise or personal
service by the State of Florida or its Representatives, in com-
petition to any merchant or vendor of wares or merchandise
or personal service who is licensed under the Laws of Florida
to do business within the State, except under certain condi-
tions as stated herein."
(House Bill No. 1577):
"An Act prohibiting the owner or person having custody
and control of live stock from permitting them to run at large
in Precinct No. 23, which is known as Destin Precinct, Oka-
loosa County, Florida; providing for the impounding and sale
of such live stock found running at large in said precinct;
providing a referendum; and providing a penalty for the vio-
lation of this Act."
(House Bill No. 1585):
"An Act to authorize and empower the Board of County
Commissioners of Seminole County, Florida, to regulate traf-
fic and the operation of motor vehicles upon the highways
in Seminole County; to install 'Stop Signs' at designated in-
tersections and cross-roads, and to erect, install and maintain
any and all character of signs and notices or safety devices
upon the highways in said County at intersections, crossings,
sidings or otherwise which will tend to the safety and welfare
of the public using said highways or roads, and to provide
for the payment of the expense thereof."
(House Bill No. 1586):
"An Act prohibiting and making it unlawful for live stock
to run or roam at large in the following territory in Seminole
County, Florida, to-wit: Sections Fifteen (15), Sixteen (16),
Twenty-one (21), Twenty-two (22), Twenty-seven (27),
Twenty-eight (28), Thirty-three (33), Thirty-four (34), and
South Quarter (S/4) of Section Nine (9), all in Township
Twenty (20), South, Range Thirty-two (32) East; providing
for the impounding of all such live stock found running or
roaming at large and for fees for said impounding and the
collection thereof; providing for the sale or other disposition
of all live stock impounded; making it a misdemeanor to al-
low such live stock to run or roam at large in violation of
this Act and making the owner of such live stock running or
roaming at large in said territory, liable for all damages
caused by said live stock and providing for a lien therefore,
and providing for the submission of said question to the qual-
ified electors in precinct number (6) in Seminole County
at the next general election, and the effective date of said Act."
(House Bill No. 1815):
"An Act to constitute the City Commission of the City of
Fernandina as a Tax Adjustment Board, and defining the
powers of said Board to adjust outstanding and unpaid taxes
and special assessment liens."
(House Bill No. 2033):
"An Act relating to the granting of pardons and releases
of persons convicted in the Municipal Court of the City of
Jacksonville under Ordinances of said City, providing that
the Municipal Judge of said City shall have sole authority
to pardon and release such persons, and repealing all laws in
conflict herewith."
Respectfully submitted,
R. A. GRAY,
Secretary of State.

The message together with the bills attached thereto were
referred to the Committee on Judiciary "A."

April 12, 1939

OFFICE OF THE SECRETARY OF STATE
Tallahassee, Florida
April 10th, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am transmitting herewith House Resolution No. 25, adopted
by the Legislature of the State of Oklahoma February 9, 1939.
Also:
Senate Bill No. 19, adopted by the Legislature of the State
of Utah, February 24th, 1939. (Copy also transmitted to Sen-
ate this date.)
Which I have been requested to transmit to your Honor-
able body.
Yours very truly,
R. A. GRAY,
Secretary of State.
Which were read and referred to the Committee on Agri-
culture, and the Committee on Industries respectively.

INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Messrs. McCarty of St. Lucie and Warren of Duval-
House Bill No. 248:
A bill to be entitled An Act prohibiting and making it un-
lawful for horses, asses, mules, cattle, swine, sheep, goats and
other grazing animals to run or roam at large within the
State of Florida; providing for impounding of live stock found
running or roaming at large in violation of this Act; provid-
ing impounding fees and for the collection thereof; providing
for the sale or other disposition of impounded live stock; and
making it a misdemeanor to allow such live stock to run or
roam at large in violation of this Act.
Which was read the first time by its title.
Mr. Warren moved that House Bill No. 248 be jointly re-
ferred to the Committees on Live Stock and Forestry.
Mr. Smith moved that the motion of Mr. Warren be laid
upon the table.
Which was agreed to.
The motion was laid on the table and House Bill No. 248
was referred to the Committee on Live Stock only.
By Mr. Outman of Pinellas-
House Bill No. 249:
A bill to be entitled An Act providing that the American
Flag shall be displayed at polling places in the State of Flor-
ida during voting hours, and requiring the furnishing and
erection thereof by certain officers.
Which was read the first time by its title and referred to
the Committee on Elections.
By Messrs. Platt of Collier, Crary of Martin, Strayhorn of
Lee, Butt of Brevard, Sudduth of Bay, Fuller, Outman and
Clement of Pinellas, Turner of St. Johns, Burks of Pasco,
Howze and Ray of Manatee, Wotitzky of Charlotte, and Mc-
Leod of Franklin-
House Bill No. 250:
A bill to be entitled An Act to provide for refund or draw-
back for gasoline tax paid for gasoline used in certain motor
boats and which tax is paid under Chapter 15659, Acts of 1931,
Laws of Florida; providing for registration of such motor
boats with the Comptroller of the State of Florida; providing
for fees to be charged for such registration; methods of mak-
ing such applications for such refunds; method for payment
of such refunds; authorizing Comptroller of the State of Flor-
ida to pay such refunds out of funds in the hands of the
Treasurer of the State of Florida by virtue of Chapter 15659,
Acts of 1931, Laws of Florida; and prescribing penalties for
making any false statement in receipts given to any purchaser
of gasoline by any dealer in gasoline; and to prescribe penalty
for any person making any false statement or affidavit to be
used for the purpose of securing a refund of the gasoline tax
in this Act provided for; repealing all laws in conflict of this
Act and providing for the taking effect of this Act.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.

By Messrs. Stewart of Hendry, Burwell and Leaird of Brow-
ard, Platt of Collier, Overstreet, Holt and Lindsey of Dade,
Peeples of Glades, Whitehurst of Highlands, Papy of Mon-

JOURNAL OF THE HOUSE OF REPRESENTATIVES

roe, Crary: of Martin, Tomasello of Okeechobee, Beck and
Morrow of Palm Beach, and McCarty of St. Lucie-
House Bill No. 251:
A bill to be entitled An Act to create the Everglades Fire
Control District; to appoint a commission for the Everglades
Fire Control District and vesting in the commission the power
to appoint a chief fire warden and to fix the salary to be
paid the said chief; to empower the chief, with the consent
of the commission; to appoint a fire warden for each county
in which any part of the Fire Control District lies, and to
fix the salaries; to provide for the election and terms of the
commissioners, and to provide the manner in which a vacancy
in any office of a commissioner may be filled, and to fix their
compensation; to make it unlawful to set and/or start fires
in the district; fixing responsibility for fires and requiring
the extinguishment of same; regulating the accumulation of
brush heaps and other inflammable material and vesting the
chief of the Fire Control District and each county fire war-
den appointed under the provisions of this Act with police
powers with reference thereto; to authorize the chief of the
Fire Control District, with the consent of the commissioners,
to purchase material for abating and preventing fires; to au-
thorize the chief of the Fire Control District to adopt and
promulgate, wth the approval of the commissioners, rules and
regulations with reference to fires; to provide for rewards
and to prescribe penalties and punishment for violation of
this Act and to make an appropriation for the payment of
salaries and other expense incident to fire control in the
district, and to authorize the chief of the Fire Control Dis-
trict, with the consent of the commissioners, to employ the
State convicts at the prison farm located near or at Belle
Glade, Florda in fire prevention and control in said district,
and further provide that the commissioners be authorized
to procure such additional funds from any department of
the Federal government that they may be able to procure
the same from, which may be further designated and/or
allocated to this State for the purpose of fire prevention and
control and/or flood control or for any like purpose, and
cause the same to be deposited in the State Treasury in the
State of Florida to the credit of the Everglades Fire Control
District Fund.
Which was read the first time by its title and referred to
the Committee on Canals & Drainage.
By Mr. Stewart of Hendry-
House Bill No. 252:
A bill to be entitled An Act for the relief of G. L. Cantrell
and his wife, Mrs. G. L. Cantrell, and providing appropria-
tion to compensate them for damage to property and injury
to health by reason of the explosion of a certain section of
public highway in DeSoto County, Florida.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Wotitzky of Charlotte, and Cook of Flagler-
House Bill No. 253:
A bill to be entitled An Act to repeal Chapter 10177, Laws
of Florida, Acts of 1925, being an Act to license and regulate
the business of making loans in certain counties in sums of
three hundred ($300) dollars or less.
Which was read the first time by its title and referred to
the Committee on Judiciary "C".
By Mr. Smith of Clay-
House Bill No. 254:
A bill to be entitled An Act for the relief of Mary V. Cherry,
widow, Clay County, Florida, and making an appropriation
therefore, as compensation for the loss of her husband T. S.
Cherry, who, as sheriff of Clay County, Florida, was killed
while performing services in the line of duty.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. Smith of Clay--
House Bill No. 255:
A bill to be entitled An Act creating the offices of Chief
Traffic Officers and Deputy Traffic Officers in the several
Counties of the State of Florida; making the sheriff of each
County ex-officio Chief Traffic Officer,, and requiring each

Deputy Traffic Officer to be a deputy sheriff; limiting the
number of such Deputy Traffic Officers and prescribing the
duties and functions of the Chief Traffic Officer and Deputy
Traffic Officers, their qualifications, terms of office and
method of appointment, their compensation and allowances

57

for expenses and creating a fund from fines and costs in
cases of traffic violations and from the issuance of motor
vehicle driver's permits from which same shall be paid.
Which was read the first time by its title and referred to
the Committee on Motor Vehicles & Carriers.
By Mr. Smith of Clay-
House Bill No. 256:
A bill to be entitled An Act making it unlawful to drive or
operate any motor vehicle on any public highway within the
State of Florida without a permit; providing for an examina-
tion and the issuance of permits and designating the sheriffs
of the respective Counties as examining authorities; prescribe-
ing the nature of the examination and the age limits and re-
quirements; fixing the status of non-residents; providing for
the issuance of permits and the payment of a fee therefore
and prescribing the form thereof; providing for the expiration
of permits and the revocation thereof; and appeals to the
Circuit Court and certiorari to the Supreme Court; and the
penalty for the violation of the provisions of this Act.
Which was read the first time by its title and referred to
the Committee on Motor Vehicles & Carriers.
By Mr. Wotitzky of Charlotte-
House Bill No. 257:
A bill to be entitled An Act to require the Clerk of Circuit
Court of each of the several Counties of Florida to keep a
list of all transfers of title to real estate shown by conveyances
filed for record and to furnish to the County Assessor of
Taxes before the first day of April of each year a copy of said
list for use in making up the Tax Assessment Roll and to pro-
vide compensation for the clerk for performing this service.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Mr. Martin of Hillsborough-
House Bill No. 258:
A bill to be entitled An Act to amend Chapter 7909 of the
Laws of Florida, Acts of 1919, and the title thereof, as amend-
ed by Chapter 8591, Laws of Florida, Acts of 1921, being Sec-
tions 8073, 8074 and 8075 Compiled General Laws of Florida,
1927, as amended by Chapter 13618, Laws of Florida, Acts of
1929, as amended by Chapter 14702, Laws of Florida, Acts of
1931, being an Act entitled: "An Act providing a closed sea-
son for salt water Crawfish in the waters of the State of
Florida, and providing a penalty for taking the same from
the waters of the State of Florida, for commercial purposes,
during certain periods, and for having any salt water Craw-
fish in possession by any person, firm, or corporation during
said periods, and to prohibit the transportation of the same
during the closed season, and providing a penalty therefore "
Which was read the first time by its title and referred to
the Committee on Conservation.
By Committee on Cities & Towns-
House Bill No. 259:
A bill to be entitled An Act amending Section 5 of Chapter
18011 of the Laws of Florida, Acts of 1937, entitled "An Act
relating to license taxes, repealing Chapter 14491, and Chap-
ter 14528, Laws of Florida, Acts of 1929; repealing parts of
Chapter 2 of Title VI, of Division 1 of the Revised General
Statutes of Florida, of 1920; repealing Chapter 16801 and
Chapter 17167, Laws of Florida, Acts of 1935; imposing certain
license taxes and providing for the payment and collection
thereof, and providing that license taxes shall be a lien on
the property of the person liable therefore, under certain cir-
cumstances."
Which was read the first time by its title and placed on
the Calendar without reference.
By Committee on Cities & Towns-
House Bill No. 260:
A bill to be entitled An Act to provide that Cities and Vil-
lages owning, maintaining or operating certain services or
facilities may make provision for the collection of reasonable
charges from the users of such services or facilities.
Which was read the first time by its title and placed on the
Calendar without reference.
By Mr. Surrency of Sarasota-
House Bill No. 261:

A bill to be entitled An Act providing that no instrument
need be sealed unless a seal is expressly required by law, and

April 12, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE]

that a seal affixed under any other circumstances shall have
no force or effect.
Which was read the first time by its title and referred to
the Committee on Judiciary "A."
By Messrs. Leedy and Hodges of Orange, Ray of Manatee,
Cooley of Lake, and Simpson of Jefferson-
House Joint Resolution No. 262:
A Joint Resolution proposing an amendment to Article IV
of the Constitution of the State of Florida relative to the
Executive Department, to be numbered Section 30 of said
Article IV, creating a Commission of Game and Fresh Water
Fish, prescribing its functions and authority, and establishing
a State game fund.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
That the following amendment to Article IV of the Con-
stitution of the State of Florida, relative to the Executive De-
partment, to be numbered Section 30 of said Article IV, be,
and the same is, hereby agreed to and shall be submitted to
the Electors of the State on the first Tuesday after the first
Monday in November, 1940, for their ratification or rejection,
to-wit:
Section 30. The administrative control and regulation of
the taking, utilization, possession and management of all
game and non-game birds, mammals, fresh-water fish, am-
phibians and reptiles, and of all land and waters physical
properties and equipment owned, used, leased or hereafter
acquired by the State for the conservation and restoration
of said wild life in Florida as prescribed by law, are vested
in a Commission of Game and Fresh Water Fish, which shall
be comprised of one Commissioner from each Congressional
District of the State, who shall be appointed by the Governor
for a term of five years by and with the consent of the Sen-
ate, and who shall be a resident of the District from which
he is appointed at the time of his appointment and continu-
ously thereafter during the time that he serves as Commis-
sioner from said District; provided that members of the statu-
tory Commission who are in office when this amendment shall
become effective shall continue as Commissioners hereunder
for the remainder of the respective terms for which they were
appointed. Each Commissioner appointed thereafter shall be
appointed for a term of five years respectively. Should a
Commissioner remove his residence from his respective Dis-
trict during the term for which he was appointed, the office
of Commissioner from said District becomes vacant. Any
vacancy so occurring on said Commission or caused by sus-
pension of a member of said Commission or otherwise, shall
be filled within sixty days of its occurrence by appointment
made by the Governor subject to approval of the Senate when
it is next in session. Organization, operation and further
authorities of the Commission of Game and Fresh Water Fish,
compensation and reimbursement of its members for expense
incurred in discharge of the duties incident thereto shall be
as prescribed by law.
Should charges of an Act or Acts such as are cited in Sec-
tion 15 of Article IV of the Constitution of the State of Flor-
ida as sufficient cause for the suspension or removal of any
appointed or elected officer of the State, they shall be written,
supported by competent evidence and heard by the Governor,
the Attorney-General and any other three of the Adminis-
trative Officers of the State designated by the Governor to
hear said charges, who shall come together on call of the
Governor to hear the same. The Commissioner against whom
charges have been preferred shall be permitted to be present
at said hearing, and to offer evidence to refute said charges.
If and when those sitting under this amendment to hear said
matter shall deem evidence offered sufficient to sustain said
charges, they shall recommend that the Commissioner against
whom said charges were preferred be suspended from office;
and the Governor shall suspend and immediately notify said
Commissioner of the action taken; and shall report the same
to the Senate for its approval when it next convenes. On
approval of the Senate of said suspension, the Governor shall
remove from office said Commissioner.
All revenues derived from the operation of those laws ad-

ministered by the said Commission of Game and Fresh Water
Fish and accruing to the State shall be expended for the con-
servation and restoration of the aforementioned wild life of

E OF REPRESENTATIVES April 12, 1939

Florida and the operations of said Commission as prescribed
by law and for no other purpose.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Harrell of Hamilton-
House Bill No. 263:
A bill to be entitled An Act for the relief of M. L. Horton,
Sr., and his wife, Helen Horton.
Which was read the first time by its title and referred to the
Committee on Claims.
By Mr. Finch of Jackson-
House Bill No. 264:
A bill to be entitled An Act to amend Section 2213 of the
revised general statutes of Florida, providing for examination
fee: annual registration fee: reregistration report of the Board
of Pharmacy.
Which was read the first time by its title and referred to the
Committee on Public Health.
By Mr. Finch of Jackson-
House Bill No. 265:
A bill to be entitled An Act to amend Section 1, Chapter
10201, Laws of Florida, Acts of 1925, the same being "An Act
to amend Section 2212 of the Revised General Statutes of
Florida, providing for examination by Board of Pharmacy and
qualification of applicants," and the same being An Act en-
titled "An Act relating to the duties of the Board of Pharmacy
of the State of Florida and the examination of pharmacists."
Which was read the first time by its title and referred to the
Committee on Public Health.
By Mr. Harrell of Hamilton-
House Bill No. 266:
A bill to be entitled An Act imposing an additional tax upon
gasoline or other like products of petroleum: providing for re-
ports of sales of such commodities to the Comptroller of the
State of Florida: providing for the disposition of the moneys
derived from such taxes, and the appointment thereof to the
general revenue fund of the State and to the county school
fund: providing that the gasoline inspection laws of the State
of Florida shall apply to this act: prohibiting the levy and
collection by municipalities and other political subdivisions of
gasoline taxes: providing for the enforcement of this act, and
penalties for violation hereof and providing that this act is an
emergency revenue measure and shall be of no force and ef-
fect from and after July 1, 1941.
Which was read the first time by its title and referred to the
Committee on Finance & Taxation.
By Mr. Dishong of DeSoto-
House Bill No. 267:
A bill to be entitled An Act providing for the repayment to
every County and/or Special Road and Bridge District or other
special taxing district of such County of all amounts which
shall have been furnished, advanced, paid out, distributed or
expended in the construction or building within such County
of any road which shall have been designated a State Road
since the enactment of Chapter 15659, Acts of 1931; directing
the proceedings to bring about such payment, and fixing the
basis of such payment.
Which was read the first time by its title'and referred to the
Committee on Finance & Taxation.
By Messrs. Morrow and Beck of Palm Beach-
House Bill No. 268:
A bill to be entitled An Act relating to Boards of Public
Instruction of the several Counties of the State of Florida
having a population of not less than 50,000 inhabitants ac-
cording to the last Federal or State census; authorizing and
empowering such State Boards to establish Junior Colleges in
their respective Counties or to take over Junior Colleges al-
ready established and to maintain such Junior Colleges out
of the General School Fund of the County.
Which was read the first time by its title and referred to
the Committee on Census & Apportionment.

By Messrs. Butt of Brevard, McCarty of St. Lucie, Christie
of Duval, Hodges and Leedy of Orange, Harrell of Indian
River, Beck and Morrow of Palm Beach, Cooley and Robinson
of Lake, Burwell and Leaird of Broward, Turner and Versaggi
of St. Johns, and Lehman of Seminole-

JOURNAL OF THE HOUSE

House Bill No. 269:
A bill to be entitled An Act to provide State Public Safety:
to that end to create the State Department of Public Safety:
to prescribe its membership, duties, powers and authority:
to provide for divisions of such Department, for the employees
thereof, and duties and compensation: to provide for the li-
cense of chauffeurs and other operators of motor vehicles as
herein defined: to provide for certain liabilities, penalties
and punishment in such operation: to provide for the selec-
tion and compensation of the personnel of the Division of
State Highway Patrol of said Department and their duties:
to provide for other matters in connection with public safety:
and making certain funds available for the purpose of carry-
ing out the provisions hereof:
Which was read the first time by its title and referred to
the Committee on Motor Vehicles & Carriers.
By Mr. Stokes of Bay--
House Bill No. 270:
A bill to be entitled An Act to regulate the practice of Den-
tistry, Dental Surgery and Dental Hygiene in the State of
Florida, and to provide penalties for the violation of any of
the provisions of this Act.
Which was read the first time by its title and referred to
the Committee on Public Health.
By Mr. Slappey of Gadsden-
House Bill No. 271:
A bill to be entitled An Act relating to the examination
and commitment of persons to the Florida State Hospital,
and repealing all laws and parts of laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on State Institutions.
By Messrs. Douglas and Fearnside of Putnam-
House Bill No. 272:
A bill to be entitled An Act for the relief of W. R. Neaville,
L. S. Johnson & Son, Le. E. Hart, Leon Bradshaw, E. F. Perin,
W. J. Nunn, I. F. Andia, W. M. Mann, C. E. Underwood, W.
J. Banks & Son, W. N. Cook, and W. G. Page, all of Putnam
County, Florida, and providing for a refund of State and
County license taxes erroneously collected against these per-
sons.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Overstreet, Lindsey and Holt of Dade-
House Bill No. 273:
A bill to be entitled An Act to authorize the Board of County
Commissioners of Dade County to make, for County zoning
purposes, additional expenditures out of fees and revenues
collected in the administration of the County zoning law and
limiting all expenditures in any fiscal year after the current
fiscal year to $18,000.
Which was read the first time by its title, and had attached
to same when introduced in the House of Representatives the
following proof of publication which was ordered to be en-
tered in full upon the Journal of the House of Representatives:

AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA,
COUNTY OF DADE. ss
Before the undersigned authority personally appeared F. W.
Cason, who on oath does solemnly swear that he has knowledge
of the matters stated herein; that a notice stating the sub-
stance of a contemplated law or proposed bill relative to:
The enactment of a local or special law the objects of which
will be to authorize the Board of County Commissioners of
Dade County to make for County zoning purposes, additional
expenditures out of fees and revenues collected in the admin-
istration of the County Zoning Law and limiting all expendi-
tures in any fiscal year after the current fiscal year to $18,000
has been published at least thirty days prior to this date,
by being printed in the issues of March 4, 1939 of The Miami
Daily News, a newspaper published in Dade County, Florida;

that a copy of the notice has been published as aforesaid and
also this affidavit of proof of publication are attached to the

April 12, 1939

1920 Revised General Statutes of Florida, the same being Sec-
tion 7590 of the Compiled General Laws of the State of Florida,
1927.
Which was read the first time' by its title and referred to the
Committee on Judiciary "D."

OF REPRESENTATIVES 59

proposed bill or contemplated law, and such copy of the notice
so attached is by reference made a part of this affidavit.
F. W. CASON,
Subscribed and sworn to before me this 5th day of April,
1939.
(Seal)
R. M. GORDON,
Notary Public State of Florida.
My commission expires March 3, 1942.
And the House of Representatives thereupon determined
that the evidence that said bill has been published in compli-
ance with Section 21 of Article III, as amended, of the Con-
stitution has been established in this Legislature.
And the bill was placed on the Calendar of Local Bills.,
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 274:
A bill to be entitled An Act relating to the purchase, packing,
handling, sale and accounting of sales of avocados in the State
of Florida; to prevent fraud and deception in the sales there-
of; to define the maturity of avocados; providing for the
grading and classification of avocados; providing for the
marking, labelling or imprinting of the place or origin on each
package of avocados procured outside the State of Florida
and offered for sale within the State of Florida and defining
such package; to provide for the licensing and regulation of
avocado dealers; to prescribe certain powers and duties of
the Commissioner of Agriculture of the State of Florida in
the administration and enforcement of the provisions of this
Act; to provide for certain charges fees and assessments and
the collecting thereof; to provide for the appointment and
duties of certain avocado inspectors and the salaries thereof;
and to prescribe penalties for the violation of the provisions
of this Act.
Which was read the first time by its title and referred to
the Committee on Agriculture.
By Mr. Holt of Dade-
House Bill No. 275:
A bill to be entitled An Act to amend the laws affecting
the period of limitations for the commencement of actions
for the enforcement of promissory notes; to abolish hereafter
the distinction between promissory notes under seal and not
under seal; to provide for the enforcement of mortgages se-
curing notes barred by limitations; to shorten the period of
limitations for the enforcement of promissory notes hereto-
fore and hereafter made and for other purpose.
Which was read the first time by its title and referred to
the Committee on Judiciary "B."
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Joint Resolution No. 276:
A Joint Resolution proposing a Constitutional Convention.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
It is hereby determined that a revision of the Constitution
of the State of Florida is necessary, and is hereby agreed to.
This resolution shall be submitted to the qualified electors
of the State of Florida at the next ensuing general election
of Representatives to be held in November, 1940.
The Secretary of the State of Florida is hereby directed to
publish notice of this action weekly in one newspaper in every
County in which a newspaper is published, for three months
preceding the next general election of Representatives to be
held in November, 1940, and in those Counties where no news-
paper is published, notice shall be given by posting at the
several polling precincts in such Counties for six weeks next
preceding said election.
Which was read the first time in full and referred to the
Committee on Constitutional Amendments.
By Mr. Strayhorn of Lee-
House Bill No. 277:
A bill to be entitled An Act to amend Section 5447 of the

JOURNAL OF THE HOUSE

By Mr. Burks of Pasco-
House Bill No. 278:
A bill to be entitled An Act to define Jook Joints and to
regulate their operation and to provide the times at which
they may sell or dispense intoxicating liquors.
Which was read the first time by its title and referred to the
Committee on Temperance.
By Mr. Getzen of Sumter-
House Bill No. 279:
A bill to be entitled An Act requiring all retain title con-
tracts or chattel mortgages on personal property to be of any
legal force and effect to be recorded in the office of the clerk
of the Circuit Court wherein such property is located.
Which was read the first time by its title and referred to the
Committee on Judiciary "A."
By Messrs. Cooley and Robinson of Lake, and Clement of
Pinellas-
House Bill No. 280:
A bill to be entitled An Act levying and imposing an excise
tax on cigarettes to raise revenue for the support and relief
of the public free schools of the State of Florida, by raising
revenue for the county school fund; to provide for the admin-
istration and enforcement of this Act and for the promulgat-
ing and enforcement of rules and regulations to facilitate such
enforcement; to provide penalties for the violation of this Act
and of rules and regulations lawfully made under the author-
ity hereof.
Which was read the first time by its title and referred to the
Committee on Finance & Taxation.
By Messrs. Cooley and Robinson of Lake, and Harrell of
Hamilton-
House Bill No. 281:
A bill to be entitled An Act to repeal Section 14, Chapter
18285 of the Laws of Florida, Acts of 1937, the same being
entitled "An Act creating a State Welfare Board and District
Welfare Boards and providing for their appointment, quali-
fications, powers and duties; providing that said State Board
shall be the agent for the United States, State, County and
Municipal Governments in the administration of funds for the
relief of unfortunates; and authorizing the said boards to act
as agent for the United States, State, County, and Municipal
Governments in the administration of any funds for investi-
gations, social welfare work, or any other work incident to
the public welfare of the United States, State, County and
Muncipal Governments; authorizing the State Welfare Board
to promulgate rules and regulations necessary to carry out
the intent and purposes of this Act; providing for the super-
vision of State and local institutions for destitute or depend-
ent children and providing for the disposition, care, protec-
tion, support and maintenance of dependent children; author-
izing the State Welfare Board to establish minimum standards
of care for all local public and private institutions or agencies;
creating the office of State Welfare Commissioner and pro-
viding for his appointment, providing that this Act shall not
affect the enforcement of Chapter 9274, Acts of 1923, of Chap-
ter 11834, and 13384, Acts of 1927, of Chapter 13620, Acts of
1929, and Acts amendatory thereof; repealing all others laws
or parts of law or parts of laws in conflict herewith; and mak-
ing appropriations to carry out the purposes of said Act; and
fixing the qualifications of persons entitled to monetary bene-
fits or assistance under this Act."
Which was read the first time by its title and referred to
the Committee on Public Welfare.
By Messrs. Morrow and Beck of Palm Beach--
House Bill No. 282:
A bill to be entitled An Act to amend Section Five of Chap-
ter 17708, Laws of Florida, Acts of 1937, being: "An Act grant-
ing to the several Counties of Florida the right to acquire
airports, and declaring the acquirement and operation of air-
ports to be a public and County purpose; granting power to
the several Counties of Florida to acquire private property
for aeronautical purposes by eminent domain; declaring man-
ner of paying for such property; granting authority to equip
and improve airports and to operate them and to establish

fees and charges, and to lease such ports or portions thereof;
declaring manner of raising and expending funds for airport

E OF REPRESENTATIVES April 12, 1939

operation; granting authority to acquire air rights, to zone
and regulate height of building and structures affecting air
travel; to acquire easements for marking purposes, to police
airports, and to cancel lien of taxes on land so acquired and
to validate certain Acts." To provide for leasing such ports
or portions thereof to private parties for a term not exceed-
ing twenty years.
Which was read the first time by its title and referred to
the Committee on Judiciary "A."
By Messrs. Morrow and Beck of Palm Beach-
House Bill No. 283:
A bill to be entitled An Act to declare, designate and es-
tablish a certain State road.
Which was read the first time by its title and referred to
the Committee on Public Roads & Highways.
By Messrs. Morrow and Beck of Palm Beach-
House Bill No. 284:
A bill to be entitled An Act to declare, designate and es-
tablish a certain State road.
Which was read the first time by its title and referred to
the Committee on Public Roads & Highways.

REPORT OF STANDING COMMITTEES
The report of the Committee on Rules and Calendar was
taken up.
Mr. Christie, Chairman of the Committee on Rules and
Calendar, moved the adoption of the report.
Pending the adoption thereof-
Messrs. Inman of Bradford and Clement of Pinellas offered
the following amendment to Rules Committee Report:
Add to Rule 82:
Provided however any member will be allowed to bring
into the House when not in session anyone with whom he
wishes to discuss official business.
Mr. Clement moved the adoption of the amendment.
Mr. Christie moved that the amendment be laid on the table.
Which was agreed to.
And the amendment was laid on the table.
Mr. Sheldon of Hillsborough offered the following amend-
ment to the Report of the Rules and Calendar Committee:
In Rule No. 25 strike the words and figures "21 days"
and insert the words and figures "14 days".
Mr. Sheldon moved the adoption of the amendment.
Mr. Cooley moved that the amendment be laid on the table.
Which was agreed to.
And the amendment was laid on the table.
Mr. Morrow of Palm Beach offered the following amend-
ment to the Rules and Calendar Committee Report:
In Rule 82, strike out the words "former members of the
House of Representatives and".
Mr. Morrow moved the adoption of the amendment.
Mr. Cooley moved that the amendment be laid on the table.
Which was agreed to.
The amendment was laid on the table.
Mr. Hodges of Orange offered the following amendment
to Rule 82 of the Report of the Committee on Rules and Cal-
endar:
Insert the words "and present" after the word "former" in
line 2 of Rule 82.
Mr. Hodges moved the adoption of the amendment.
Which was agreed to and the amendment was adopted.

The question recurred on the adoption of the report of the
Committee on Rules and Calendar, as amended.
Which was agreed to.
And the report of the Committee on Rules and Calendar
was adopted, as amended.

STANDING RULES OF THE HOUSE OF
REPRESENTATIVES
OF THE DUTIES AND POWERS OF THE SPEAKER
OF THE HOUSE
Rule 1. The Speaker hall take the Chair on every
legislative day at the hour to which the House shall have
adjourned, call the members to order, and upon the ap-
pearance of a quorum, proceed to business. The Journal
of the preceding day shall be corrected, approved by
the Speaker, attested by the Chief Clerk, and filed in the
permanent records of the House. The Speaker shall sign.
all Acts, Resolutions, Writs, Warrants and Subpoenas
of, or issued by order of, the House. He shall have gen-
eral control of the Hall of the House and of the corri-
dors and passages, and, in case of disturbance or dis-
orderly conduct in the galleries or lobby, may cause the
same to be cleared. He shall appoint all committees,
unless otherwise directed by the House.
DECORUM AND ORDER
Rule 2. The Speaker shall preserve decorum and or-
der, may speak to points of order in preference to other
members, and shall decide all questions of order, sub-
ject to appeal to the House of Representatives by any
member, on which appeal no member shall speak more
than once, unless by permission of the House, and no
other business shall be in order until the question on
the appeal shall have been decided. Upon the taking
of any appeal, the form of the question to be put shall
be, "Shall the decision of the Chair be sustained?"
Rule 3. VOTING. The Speaker shall declare all votes,
but if any member rises to doubt a vote, the Speaker
shall order a division by rising vote, the count being
made by the Speaker and the Reading Clerk or his as-
sistant, provided, however, that upon a showing of hands
by five members he shall take the sense of the House
by yeas and nays, the call to be in alphabetical order.
No member shall be allowed to vote who shall not be
upon the floor of the House before the roll call is
completed.
Rule 4. The Speaker shall rise to address the House
of Representatives, or to put a question, but may read
sitting.
Rule 5. In all yea and nay votes the Speaker's name
shall be called last.
SUBSTITUTE SPEAKER
Rule 6. The Speaker shall have the right to name
any member to perform the duties of the Chair; but
such substitution shall not extend beyond adjournment.
SPEAKER PRO TEM
Rule 7. The Speaker Pro Tem shall exercise the du-
ties and powers of the Speaker during his absence or
disability.
MOTIONS
Rule 8. Seconds-Withdrawals. After a motion has
been stated, or read by the Speaker, it shall be deemed
to be in possession of the House of Representatives, with-
out a second, and shall be disposed of by vote of the
House of Representatives, but the mover may withdraw
it at any time before the same has been amended or be-

fore a vote thereon shall have been commenced, except
a motion to reconsider, which shall not be withdrawn
after the time has elapsed within which it could be
originally made.
01

61

PRIORITY OF MOTIONS
Rule 9. When a question is under debate the Speaker
shall receive no motion but:
1. To adjourn at a time certain;
2. To adjourn;
3. To take a recess;
4. To lay on the table;
5. For the previous question;
6. To postpone to a day certain;
7. To commit to a committee of the Whole House;
8. To commit to a Standing Committee;
9. To commit to a Select Committee;
10. To amend;
11. To postpone indefinitely;
12. To strike out the enacting clause;
Which several motions shall have precedence in the
order named.
Rule 10. Recess and Adjournment. The Speaker
shall propound all questions in the order in which they
are moved unless the subsequent motion be previous in
nature except that in naming sums and fixing times, the
largest silms and the longest times shall be put first.
Motions to adjourn or recess shall be considered as first
in order, and shall be decided without debate. But one
substitute for a motion to adjourn shall be entertained.
The substitute motion shall fix a different time for ad-
journment, and the same shall be put without debate,
except that one minute shall be allowed the mover of
the substitute within which to explain his reasons there-
for. The substitute motion having been lost, the ques-
tion shall be put on the original motion which if lost
shall preclude any further motion to adjourn until other
business shall have been transacted, or debate on any
question shall have intervened.
Rule 11. Previous Question-Laying on the Table.
Motions for the previous question and to lay on the table
shall be decided without debate, provided, the introducer
of a resolution, bill or motion, not including motions to
adjourn or recess, shall be allowed five minutes within
which to discuss the same, and he may divide his time
with, or waive his right in favor of, some other member.
If an amendment be laid on the table such action shall
not carry the subject matter with it. The previous
question shall be put in the following form: "Shall the
main question be now put?" If the motion for the pre-
vious question be adopted the sense of the House shall
be taken forthwith on pending amendments and the main
question in regular order.
Rule 12. Every motion shall be reduced to writing
if the Speaker shall so direct.

DIVISION OF QUESTION
Rule 13. Any member may call for a division of a
question when the sense will admit of it. A motion to
strike out and insert shall be deemed indivisible; a mo-
tion to strike out, being lost, shall neither preclude
amendment nor a motion to strike out andS insert.
COMMITMENT
Rule 14. Motions or reports may be committed or re-
committed at the pleasure of the House of Representa-
tives.

Rule 15. Motions Generally. During the call of the
roll of Counties for the introduction of bills and joint
resolutions no motion shall be made or entertained with-
out the unanimous consent of those present.

April 12, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

62 JOURNAL OF THE HOUSE

Rule 15-A. No member shall address the Chair or re-
ceive recognition of the Chair for the purpose of intro-
ducing distinguished visitors or guests, or for making
motions to escort such visitors or guests to the rostrum
while the House is actually engaged in the consideration
of the order of business under paragraphs five to nine,
inclusive, of Rule 40, nor in violation of Rule 28; pro-
vided, however, that the same may be done between the
times of consideration of the various orders of business.
NOTICE OF MOTIONS
Rule 16. When any motion is to be made asking that
any bill, or joint resolution, be taken up out of its
regular order and considered, previous notice of not less
than fifteen minutes shall be given in writing to the Bill
Clerk of such intention, specifying the number of the bill
and its position on the calendar. The Bill Clerk shall
promptly deliver said notice to a Reading Clerk, and the
Reading Clerk shall read such notice immediately upon
receiving same.
AMENDMENTS
Rule 17. No motion or proposition of a subject differ-
ent from that under consideration shall be admitted under
color of amendment, but a proposal to strike out all
after the enacting clause of a bill and insert any new
subject matter of the same general nature as stated in
the title, shall be deemed proper and germane and shall
be dealt with as an amendment, and the adoption by the
House of such proposal shall not preclude further amend-
ment to its several parts after its adoption, in like
manner as if it were the original bill.
UNFINISHED BUSINESS
Rule 18. The unfinished business in which the House
of Representatives was engaged at the time of the last
adjournment shall have preference in the order of the
day next after motions for reconsideration.

Rule 19.
business to

PRIORITY OF BUSINESS
All questions relating to the priority of
be acted on shall be decided without debate.

PRECEDENTS
Rule 20. The Rules of Parliamentary Practice, com-
prised in the House Manual and Digest and Digest of the
rules and practice of the House of Representatives of
the Congress of the United States, shall govern this
House of Representatives in all cases in which they are
applicable, and in which they are not in conflict with
these rules, or standing orders of this House of Repre-
sentatives, or the Joint Rules of the two branches of
the Legislature, and it shall be the duty of Speaker or
Presiding Officer for the time being, assisted by mem-
bers of the Committee on Rules and Calendar, to cor-
rectly interpret and have enforced all rules governing
this House of Representatives at all times, unless the
enforcement thereof shall be waived or suspended as
herein provided.
COMMITTEE ON RULES AND CALENDAR
Rule 21. All proposed actions touching the rules,
joint rules and order of business in the House of Rep-
resentatives shall be first referred to the Committee on
Rules and Calendar, which shall report as soon as prac-
ticable thereafter. No report of the Committee on Rules
and Calendar shall be received by the House of Repre-
sentatives unless same shows eight or more members
of the Committee present in person and voting favor-
ably on said report. A motion to waive this rule shall

I '

posed of or altered as provided in Rule 24, provided, how-
ever, that any bill or resolution appearing in such special
order calendar may be removed therefrom by a two-thirds
vote of all members present.

E OF REPRESENTATIVES April 12, 1939

only be entertained with unanimous consent of those
members present.
WAIVER AND REPEAL OF RULES
Rule 22. These rules shall not be waived or sus-
pended except by a two-thirds vote of all the members
present, which motion when made shall be decided with-
out debate, as hereinafter provided, except that no mo-
tion to waive any rule requiring unanimous consent of
the House shall be entertained except by unanimous con-
sent of those present, and this rule shall be rigidly en-
forced by the Chair except as otherwise herein provided.
Rule 23. Unanimous Consent--Special Order. No
motion to waive the rules and take up out of its regu-
lar order on the Calendar any bill or joint resolution
for consideration immediately or as a special order shall
be put by the Speaker except with the unanimous con-
sent of those present, and such motion when made with
unanimous consent shall be decided without debate, and
must receive a two-thirds vote of those present for its
adoption, except that the maker of the motion shall be
allowed not exceeding one minute in which to explain
the purpose of request for unanimous consent to make
a motion to take up any bill or joint resolution out of
its regular order under this rule. Bills of public im-
portance, for which special consideration is asked as spe-
cial orders by the committee reporting on the same,
whether the report be favorable or not, may be made
special orders for consideration on a special calendar of
special orders, which may be taken up for considera-
tion as a special calendar by two-thirds vote of the
House on motion to take up that order of business; but
no motion shall be entertained to make any particular
class of bills a special order, and all bills set as special
orders shall take precedence on the special order calen-
dar in the order in which they were referred to such
calendar.
Rule 24. Unanimous Consent--Special Order. The
House of Representatives may, on report and recommen-
dation of Committee on Rules and Calendar, by major-
ity vote of those present, adopt a special order of busi-
ness to be followed on any legislative day or any part
or during any hours of any legislative day, and such
order of business when so adopted shall not be departed
from without unanimous consent of all present, but shall
constitute a special order of business to be followed.
Such special rules of procedure, when adopted, shall not
be waived except by unanimous consent. Special rules
shall not be made with reference to a particular rule,
memorial or resolution, but shall in all instances deal
with some general head of business. The hours during
which such special rule shall be effective shall be speci-
fied, but shall not extend beyond the legislative day
named therein.
SPECIAL ORDER-LAST 21 DAYS
Rule 25. The Committee on Rules and Calendar may,
from day to day, during the last twenty-one working
days of the session, submit a special order calendar fix-
ing the priority of business to be transacted before the
House which shall be constituted of general measures
of major importance, and no other matters shall be con-
sidered until such special order calendar has been dis-

JOURNAL OF THE HOUSE

HOUSE SESSIONS
Rule 26. The House of Representatives shall meet on
each legislative day, except Saturdays, during the first
twenty-five days of the session, at ten o'clock A. M. and
adjourn at one o'clock P. M. A special session of the
House shall be held beginning at eight o'clock P. M. on
Tuesday and Thursdays for consideration of the Cal-
endar of Local Bills only. The time for meeting and
adjourning of the House during the remaining days of
the session shall be fixed by resolution except as to lo-
cal bill nights, which shall remain as herein provided
for the whole session. On local bill nights no bills other
than those appearing on or referred to the Calendar of
Local Bills shall be considered except by unanimous con-
sent of those present after due notice given at the last
previous session of the House, provided, however, that
the Committee on Rules and Calendar may from time
to time submit a special order calendar consisting of
general bills having only a local application for the con-
sideration of the House and shall designate a special
time or times in day or night sessions when same shall
be considered.
MEMBERS
Duties, Rights and Decorum
Rule 27. Every member when about to speak, shall
arise and respectfully address the Speaker, and shall not
proceed until recognized by the Speaker, shall confine
himself to the question under debate and shall avoid
personalities. No member shall address the Chair out
of his place, nor speak out of his place, except that any
member after being recognized in his place, shall have
the right to advance to the space immediately in front
of the Speaker's desk and address the House. No mem-
ber shall occupy the space within the railing around the
desk of the Chief Clerk while the House is in session.
INTERRUPTIONS
Rule 28. No member shall be interrupted by another
without the consent of the member who has the floor,
except by rising to a question of order.
VOTING
Rule 29. Every member who shall be in the House
of Representatives when a question is put, when he is
not excluded by interest, shall give his vote, unless the
House of Representatives, by unanimous consent, shall
excuse him. Any member desiring to be so excused on
any question shall make application to that effect before
the calling of the ayes and nays, and such application
shall be accompanied by a brief statement of reasons,
and shall be decided without debate.
DISQUALIFICATION-FROM COMMITTEE
APPOINTMENTS
Rule 30. No member living in any county in which
any State institution is located shall be appointed a mem-
ber of any committee to visit such institution for the
purpose of investigating and reporting its condition and
needs.
EXPLANATION OF VOTE
Rule 31. No member shall be permitted to explain
his vote during a roll call, but he may reduce his ex-
planation to writing and, when filed with the Chief Clerk,
the same shall be spread upon the Journal.
ABSENCE-EXCUSE FROM ATTENDANCE

Rule 32. The Speaker shall announce to the House
all requests of members to be excused from attendance

April 12, 1939

immediately certified to the Senate after having been
engrossed as provided in the rules, when required by
these rules to have been engrossed. In all cases con-
current resolutions and memorials shall be certified to
the Senate without being held in the possession of the
Clerk until the time for reconsideration has expired.

SOF REPRESENTATIVES 63

on the House for any stated period; and unless objec-
tion thereto is made by any members, the request shall
be deemed granted and such fact shall be noted on the
Journal. If objection be made, a vote of the House
shall be required on such request. No member shall ab-
sent himself from attendance on the House for more than
two consecutive days, without compliance with this rule,
and any member offending against this rule shall for-
feit his compensation for the period he is absent without
leave.
PENALTY FOR BREACH
Rule 33. When any member shall be guilty of a breach
of either of the Rules or orders of the House of Repre-
sentatives he may be required by the House of Repre-
sentatives, on motion, to make satisfaction therefore, and
shall not be allowed to speak or vote except by way of
excuse, until he has done so.
DISQUALIFICATION FROM VOTING
Rule 34. No member shall be permitted to vote, or to
serve on any committee, in any question where his pri-
vate rights are immediately concerned, distinct from the
public interest.
DEBATE-TIME FOR SPEAKING
Rule 35. No member shall speak more than twice on
any subject without first obtaining leave of the House
of Representatives; nor shall he speak more than once,
so long as any member who has not spoken shall desire
to speak, nor shall any member be permitted to speak
longer than thirty minutes at any one time and during
the last twenty-one working days of session, not longer
than ten minutes.
RECONSIDERATION
Rule 36. When a vote has passed, it shall be in order
for any member voting with the prevailing side to move
for a reconsideration thereof on the same or the suc-
ceeding legislative day, and such motion, unless other-
wise disposed of, (except in the last week of the session)
shall be placed on the calendar first in the orders of the
day for the day succeeding that on which the motion is
made; and when a motion for a reconsideration is de-
cided, that decision shall not be reconsidered, and no
question shall be twice reconsidered; provided, however,
that a motion to reconsider a vote upon any collateral
matter shall not remove the main subject matter under
consideration from before the House of Representatives,
but such motion shall be considered at the time that it
is made, nor shall any motion be made to reconsider any
collateral matter after the House has passed to other
business from the main subject to which such collateral
matter was connected.
BILLS UNDER RECONSIDERATION
Rule 37. Bills and joint resolutions, in reference to
which any member has the right to move reconsidera-
tion, shall remain in the possession of the Clerk until
the right of reconsideration has expired, except during
the last seven working days of the session, when the
operation of this rule shall be suspended, provided, that
bills on the local calendar and passed as such shall be

CONFERENCE COMMITTEE
Rule 38. When any bill or joint resolution is referred
to a Conference Committee and the Conferees on the
part of the House report inability to agree, no action
of the House taken prior to such reference to a Con-
ference Committee shall preclude further action on said
measure as the House may determine.
PRIVILEGE
Rule 39. Questions of privilege shall be: (1) Those
affecting the House of Representatives collectively, its
safety, dignity and integrity of its proceedings; (2) the
rights, reputation and conduct of the members individual-
ly, in their representative capacity only, and shall have
precedence over all other questions, except motions to
adjourn, but no member shall be permitted to speak long-
er than ten minutes on a question of privilege.
ORDER OF BUSINESS-ORDER OF THE DAY
Rule 40. The order of business and order of the day
shall be as follows:
Order of Business

1.
2.
3.

4.
5.

6.
7.
8.
9.

Roll Call.
Prayer by Chaplain.
Reading of the Journal upon request of any mem-
ber.
Correction of the Journal.
Introduction of memorials, petitions or other pa-
pers addressed to the House of Representatives
or the Speaker thereof.
Introduction of House Resolutions.
Introduction of Concurrent Resolutions.
Introduction of Memorials of the Legislature.
Introduction of Bills and Joint Resolutions by call
of counties.
Report of Standing Committees.
Report of Select Committees.
Order of the Day

1. Select order of the day.
2. Consideration of Messages from the Senate.
3. Consideration of House Resolutions.
4. Consideration of bills and resolutions on their third
reading.
5. Consideration of bills and resolutions on their second
reading.
6. Consideration of communications from the Gover-
nor and other papers addressed to the House of
Representatives or the Speaker thereof.
BILLS AND RESOLUTIONS
Rule 41. Form. All bills, resolutions and memorials,
when introduced, shall be typewritten or printed with-
out interlineations, on not less than one sheet of paper,
with suitable margins and spaces between the several
sections. All bills shall contain a proper title and enact-
ing clause as required by the Constitution, and shall
embrace but one subject, and matter properly connected'
therewith, which subject shall be briefly expressed in
the title.
PRINTING OF BILLS
Rule 42. Any introduced measure may be printed for
the information of the House upon recommendation of
the committee to which such measure has been referred.
Any member may request the printing of such measure
at the time of introduction or at any time before consid-
eration, provided, however, that such request shall be

April 12, 1939

referred to the committee to which the measure has been
referred, which committee shall approve or disapprove
the request for printing within twenty-four hours after
such request has been made.
INTRODUCTION OF BILLS, ETC.
Rule 43. Upon the introduction of bills and resolu-
tions by the call of counties, if there is not a complete
call of counties on each day, the resumption of the call
of counties on the succeeding day shall be taken up at
the place where it was left off on the preceding day.
Rule 44. Companion Bills. Whenever any bill, me-
morial or joint resolution of the House of Representa-
tives shall be reached on the Calendar of the House of
Representatives for consideration, either on second or
third reading, and there shall be also pending on the
Calendar of the House of Representatives a companion
measure to such House Bill, memorial or House Joint
Resolution, which companion measure has already been
passed by the Senate, it shall be in order to move that
the Senate Companion measure be substituted for the
House Bill, memorial or House Joint Resolution and con-
sidered in lieu of the House Bill, memorial or House
Joint Resolution, and such motion may be adopted by
a majority vote to substitute such Senate measure for
such House Bill, memorial or House Joint Resolution,
provided the Senate measure has been read the same
number of times and is on the same reading as such
House Bill, memorial or House Joint Resolution, other-
wise the motion shall be to waive the rules and take up
and read such Senate measure in lieu of the House Bill,
memorial, or House Joint Resolution, and such motion
to waive the rules for that purpose shall require a two-
thirds vote of those present for its adoption.
Rule 45. All House Resolutions, House Joint Resolu-
tions, House Concurrent Resolutions, and Memorials shall
be introduced in quadruplicate. All House Bills shall
be introduced in triplicate. Each copy of resolutions,
memorials, and bills shall be accompanied by a title slip
on which shall be entered in full the exact title thereof.
The Sergeant-at-Arms is hereby authorized and directed
to furnish to the press and public the triplicate copies of
such bills and resolutions for examination and he is au-
thorized to call to his assistance such person as he may
need as custodian of these files known as "Triplicate
File." Any person authorized hereinunder to obtain
the triplicate copies of such bills and resolutions for ex-
amination shall sign a receipt before obtaining same from
the Sergeant-at-Arms, and the use by any person of these
triplicate copies shall be temporary and not permanent,
and all copies must be returned to the office of the Ser-
geant-at-Arms without unnecessary delay.
Rule 46. Reference. All bills and joint resolutions
shall, after having been read by title only, be referred
by the Speaker to the appropriate Standing Committee.
All House Resolutions, Concurrent Resolutions, and Me-
morials may be referred to an appropriate committee in
the discretion of the Speaker, and if different commit-
tees shall be proposed, the question shall be taken in the
following order and shall be determined by a majority
vote of the members of the House of Representatives: A
Standing Committee of the House of Representatives; a
Joint Standing Committee; a Select Committee of the
House of Representatives; a Joint Select Committee. Ex-
cept as to bills carrying an appropriation, no multiple
reference shall be made by the Speaker unless directed

thereto by the House, upon motion, which motion shall
be decided without debate.

64

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

Rule 47. Readings. Unless otherwise ordered by a
two-thirds vote of members present, concurrent resolu-
tions shall receive two readings on two separate days,
and unless otherwise ordered, shall be determined by a
viva voce vote. All other resolutions than joint or con-
current resolutions, after reference to and report from
the resolution committee, shall be determined by a viva
voce vote upon their first reading after the report of
such committee unless otherwise ordered. Every bill,
joint resolution or memorial shall receive three separate
readings on three separate days previous to a vote upon
the passage of such bill, joint resolution or memorial un-
less two-thirds of the members present shall decide other
wise, and the Clerk shall give notice of each, whether
it be first, second, or third reading, together with the
report of the committee thereon, if any.
Rule 48. Indefinite Postponement on Third Reading.
When any measure requiring three readings shall be in
its third reading, and a motion to indefinitely postpone
the same shall be made, and the yeas and nays called
for, it shall be the duty of the Speaker to put the ques-
tion on the final passage of the bill, joint resolution or
memorial, and direct the roll call on its final passage
and not put the motion of indefinite postponement of
the measure.
Rule 49. Title Amendment. It shall be in order to
amend the title of any bill or joint resolution upon its
second or third reading by a majority vote.
Rule 50. Engrossing. Before any bill, joint resolu-
tion or memorial requiring three readings shall be read
the third time, whether amended or not, in the case of
House Bills of a general nature, and in all cases where
an amendment shall be adopted to any of them, whether
local or not in nature, it shall be carefully engrossed
by being typewritten without erasure or interlineation,
on strong white paper, the same to be done under the
direction of the Engrossing Committee of the House;
and in the case of any Senate bill which shall be amended
in the House, the amendment adopted shall be carefully
engrossed in like manner and attached to the bill amended
in such manner that it will not be likely lost therefrom.
Any motion to waive the rules and immediately certify
any bill, memorial or joint resolution to the Senate shall
be construed as a motion to immediately engross the
same, if engrossment is required under this rule, and
certify the same immediately thereafter to the Senate,
and in the case of Senate bills which have been amended
in the House, shall be construed to mean that the amend-
ments adopted shall be immediately engrossed and at-
tached to said bill before it is transmitted to the Senate.
All bills referred to the Engrossing Committee shall be
carefully examined in cases where no amendments have
been adopted to the same, and if it shall be found that
the bill is fairly typewritten without clerical error, sub-
stantial erasure or interlineation, the bill may be re-
turned as engrossed without being rewritten. Nothing
in this rule shall apply to Local Calendar bills which
have not been amended in the House. All engrossed
amendments shall be made in duplicate to Senate bills.
Rule 51. Amendment, Etc., on Third Reading. Upon
the third reading of any bill, memorial or joint resolu-
tion, it shall not be committed or amended, except as
to title, without the consent of two-thirds of the mem-
bers present, nor shall it be postponed to a day certain
without the consent of a majority of those present.

Rule 52. Disposition on Third Reading. The order
of disposition of any bill, memorial or joint resolution

April 12, 1939

sidered at such time, except by unanimous consent and
unless the intention to bring up such general bills at
such time be announced at the next preceding meeting
of the House.

SO F R E PR E SE N TA T IV E S 65

which has been read the second time shall be its refer-
ence to the Committee on Engrossed Bills to be en-
grossed after all questions relative to it while on a sec-
ond reading have been disposed of, and the same shall
be immediately engrossed and placed on the Calendar
of Bills on Third Reading to be taken up on some sep-
arate succeeding legislative day, unless otherwise ordered
by a two-thirds vote of those present.
Rule 53. Transmission to' Senate. When a bill or
resolution shall have passed its third reading, it shall be
certified by the Clerk endorsing thereon the day of its
passage, and be transmitted to the Senate, accompanied
by a message stating the title to the bill or resolution,
and asking the concurrence of that body.
Rule 54. All- enrolled bills, joint resolutions, and me-
morials shall be signed by the Speaker and the Chief Clerk
in open session of the House, and the fact of such signing
by the Speaker and the Chief Clerk shall be noted in the
Journal.
SENATE BILLS
Rule 55. On Wednesday of each week, and such other
times as the Committee on Rules and Calendar shall by
special order designate, the House of Representatives shall,
after having considered messages from the Senate, take up
and consider the Calendar of Senate Bills of a general na-
ture on Second Reading and no other business shall be in
order thereafter for a period of at least two hours; except
questions of order or privilege which may be considered at
any time and are of superior dignity to other business of
the House.
PETITIONS, MEMORIALS, ETC.
Rule 56. All papers addressed to the House of Repre-
sentatives, except petitions, memorials, and remonstrances,
shall be presented by the Speaker, or by a member in his
place, and shall be read by the Speaker, Clerk, or such
other person as the Speaker may request.
Rule 57. Every member presenting a petition, memo-
rial or remonstrance, shall endorse his name thereon, with
a brief statement of the nature and object of the instru-
ment, and the same shall be read by the Reading Clerk,
unless the Speaker shall otherwise direct.
TIME OF PRESENTATION
Rule 58. All reports, petitions, memorials, remon-
strances and papers of a like nature shall be presented
during the first hour of each session of the House of
Representatives, and at no other time.
MEMORIALS ON CALENDAR
Rule 59. Memorials shall be carried on the calendar
immediately after any pending undisposed of concur-
rent resolutions and the fact of its being first, second,
or third reading shall be noted on the calendar in con-
nection therewith.
LOCAL BILLS
Rule 60. Local bills shall be disposed of according
to the calendar of Bills of a Local Nature and shall be
taken up and considered only at such time as shall be
specially fixed therefore by these rules, and no bills of
a general nature or amendments thereto shall be con-

66 JOURNAL OF THE HOUSE

USE OF CHAMBER
Rule 61. Application for the use of the Chamber of
the House of Representatives shall be made to and de-
cided upon by the Committee on Rules and Calendar.
COMMITTEES
Rule 62. The following Standing Committees of the
House of Representatives shall be appointed by the
Speaker at the commencement of the session of the Leg-
islature, or as soon thereafter as practicable:
Committee on Agriculture.
Committee on Appropriations.
Committee on Aviation.
Committee on Banks and Loans.
Committee on Building and Loan Associations.
Committee on Canals and Drainage.
Committee on Census and Apportionment.
Committee on Cities and Towns.
Committee on Citrus Fruits.
Committee on Claims.
Committee on Commerce and Navigation.
Committee on Conservation.
Committee on Constitutional Amendments.
Committee on County Officials.
Committee on County Organization.
Committee on County Roads and Bridges.
Committee on Education "A."
Committee on Education "B."
Committee on Efficiency.
Committee on Elections.
Committee on Engrossed Bills.
Committee on Enrolled Bills.
Committee on Finance and Taxation.
Committee on Forestry.
Committee on Hotels and Innkeepers.
Committee on Industries.
Committee on Insurance.
Committee on Journal.
Committee on Judiciary "A."
Committee on Judiciary "B."
Committee on Judiciary "C."
Committee on Judiciary "D."
Committee on Labor.
Committee on Legislative Expense.
Committee on Livestock.
Committee on Lobbying.
Committee on Lumber and Naval Stores.
Committee on Motor Vehicles and Carriers.
Committee on National Guard and Military Affairs.
Committee on Nurseries and Plant Husbandry.
Committee on Obsolete Laws.
Committee on Phosphates, Oils and Minerals.
Committee on Public Amusements.
Committee on Public Health.
Committee on Public Lands.
Committee on Public Printing.
Committee on Public Roads and Highways.
Committee on Public Utilities.
Committee on Public Welfare.
Committee on Railroads, Telegraphs and Tele-

on Resolutions.
on Rules and Calendar.
on State Institutions.
on State Marketing.
on State Pensions.
on State Prisons and Convicts.
on State Publicity.

- - -- - - -- - - - -

committee meeting thus provided for shall be required to
be given to any one, but in all other cases special notice
shall be given to members of the committee by causing the
same to be announced while the House is in session or by
service of written notice on each member of the committee.
Before the Chairman of any committee shall designate the

; OF REPRESENTATIVES April 12, 1939

Committee on Temperance.
Committee on Veterans Affairs.
Each of said Committees shall consist of not less than
five nor more than twenty-one members of the House, one
of whom shall be designated by the Speaker as Chairman
and another as Vice Chairman. Committees having busi-
ness before them shall meet on the call of the Chairman,
or the Vice Chairman in his absence, or upon the written
request of three or more members of the Committee.
COMMITTEE OF THE WHOLE HOUSE
Rule 63. In all cases the House of Representatives may
resolve itself into a Committee of the Whole House, and in
such event the Speaker shall leave the Chair after ap-
pointing a chairman to preside, who shall, in case of dis-
turbance or disorderly conduct in the galleries or lobby,
have power to cause same to be cleared.
PROCEDURE
Rule 64. Bills committed to a Committee of the Whole
House shall be read and debated, or amended by clauses
or sections, leaving the title or preamble to be last con-
sidered. The body of said bill shall not be interlined or de-
faced, but all amendments denoting the page and line shall
be entered by the Chief Clerk, who shall be Clerk of the
Committee of the Whole House, on separate paper, as the
same shall be agreed to by the Committee, and so reported
to the House of Representatives. After report, the bill or
other matter may be again debated and shall be subject to
be again amended by clauses or sections. The quorum for
a Committee of the Whole House shall be the same as for
the House of Representatives, and when the Committee
of the Whole House shall rise, the roll shall be called to
ascertain the presence of a quorum of the House of Rep-
resentatives.
Rule 65. Enrolling and Engrossing. The Committees
on Enrolled Bills and on Engrossed Bills shall report as
soon as the bills referred to them have been enrolled or
engrossed, and all bills shall be disposed of in such com-
mittees in the order in which they were referred, except
when bills are ordered to be engrossed immediately for
certification to the Senate under waiver of the rules, when
such last mentioned bills shall have precedence.
Rule 66. Custody. All bills, joint resolutions or
papers relative to any business before the House of Repre-
sentatives shall be left with the Chief Clerk by any mem.
ber who shall obtain leave of absence, and may have any
such in his possession.
Rule 67. Meetings. It shall be the duty of the chair-
men of all committees of the House of Representatives to
which any business has been referred, to cause their com-
mittees to meet daily until such business is disposed of and
reported to the House. Announcements of committee meet-
ings may be made through the Reading Clerk while the
House is in session, but in all cases shall be by notice in
writing served on each member of the Committee Specify-
ing the time and place of the meeting. Committees may
designate a particular hour and place for holding their
regular meetings, and when same is done, notice thereof
shall be given by causing the same to be printed on the
daily calendar, specifying the name of the committee and
the time and place of meeting. No special notice of regular

place in which his committee is to meet, he shall first con-
sult with the Sergeant-at-Arms, who will assign a room
for such purpose.
Rule 68. Recommitting. The Chairman, or in his
absence, the Vice Chairman, shall cause to be given at least
two hours prior notice in writing to the introducer of any
bill to be considered by a Committee, and any House bill
reported unfavorably by any committee without such no-
tice to and an opportunity to be heard having been given
to its introducer, may be re-committed to the committee re-
porting the same unfavorably and shall not lose its place
on the calendar by reason thereof. The committee to which
the bill is thus committed shall proceed to reconsider it
and shall report on it as if originally referred.
Rule 69. Recommendation. All matters referred to
committees shall be reported from said committees with
their recommendations thereon within fourteen legislative
days after reference, and if not so reported without good
cause shall be withdrawn and placed on the calendar as
reported without recommendation, upon request of its in-
troducer or some member in favor of it.
Rule 70. Committee Vote. All reports of committees
shall contain the action of the committee upon the matter
referred, with a record of the "yea" and "nay" vote on
the committee report made, which report shall be entered
at large on the Journal showing the "yeas" and nayss"
and names of those absent or not voting.
Rule 71. Vice Chairman. The Speaker shall appoint
a Vice Chairman of each standing committee, who shall act
in the absence or disability of the Chairman and shall have
power to call the committee together for the consideration
of bills in such event.
Rule 72. Unfavorable Reports. All bills and joint
resolutions reported unfavorably by any committee shall
be laid on the table unless the committee reporting the
bill at the time, or some member therof, or any member
within two working days after the report appears in the
Journal thereafter, shall request its reference to the calen-
dar, when it shall, upon a motion prevailing by a majority
vote, be referred to the calendar. If the report of any
committee be unfavorable it shall be the duty of the Chair-
man of the Committee to move to indefinitely postpone the
bill, memorial or resolution so reported when it shall be
reached on second reading, or if the Chairman shall have
voted contrary to the report adopted by the Committee so
reporting unfavorably, it shall be the duty of some mem-
ber of the Committee voting to report the same unfavor-
ably, to make such motion.
OPEN MEETINGS
Rule 73. All meetings of all committees shall be open
to the public at all times, subject always to the power and
authority of the Chairman to maintain order and decorum.
SRule 74. Notice of Hearing. Before any committee
shall consider any measure, those in favor and those op-
posed to the same shall be notified of the intended consid-
eration by said committee, and also the time and place of
the meeting of said committee, in all cases, where such
notification is requested in writing and is practicable to
be made. Such notice may be given by posting the same on
a blackboard in the lobby, or by causing the same to be
read before the House while in session, or personally.
COMMITTEE REPORTS
Rule 75. All committees may report by bill, resolution,
or otherwise.

SRule 76. Lobbying. The several committees of the
House shall enforce Sections 96 and 97 of the Compiled

General Laws of Florida of 1927, and the Chief Clerk and
the Sergeant-at-Arms of the House shall provide each of
the Committees, special or standing, with the necessary
blank affidavits, setting forth the requirements provided
in said Section 96. To further facilitate the purpose of
the said statute, the -Sergeant-at-Arms may be directed by
the Speaker of the House to furnish an appropriate roster
to be kept by some capable and trustworthy person in
which all visitors and those on business before the Legis-
lature may register their names, profession, postoffice ad-
dress, and purpose of visit. In addition to the requirements
of the said statute any person appearing before a commit-
tee or discussing with a member of the House, matters in
support of, or in opposition to, any pending measure may
be compelled by the Committee on Lobbying to furnish in-
formation whether he appears as a paid representative or
not and if a paid representative to disclose the party or
parties he is representing.
CHIEF CLERK
Duties and Powers
Rule 77. There shall be a Chief Clerk whose duty it
shall be, with the help of his assistants, to keep a careful
record of all proceedings of the House of Representatives
and cause them to be printed in the Journal. All questions
of order and decisions thereon shall be noted and recorded
in the Journal. The Chief Clerk shall sign all bills, Acts
and Resolutions passed by the House, together with all
writs, orders and process emanating therefrom. He shall
perform all duties which have heretofore devolved upon
the Chief Clerk by custom.
The Chief Clerk is required to examine all local bills to
determine whether or not the same are accompanied by
proof of publication of notice, or whether the same con-
tains a proper referendum. The assistant clerks shall be
under his direction. He shall not permit local bills unac-
companied by proof of publication of notice or not con-
taining a proper referendum, as required by Section 21 of
Article 3 of the Constitution of the State, to be read or
otherwise entertained but the same shall be returned to
the introducer.
PRINTING OF CALENDAR
Rule 78. The Chief Clerk shall cause to be printed
the daily calendar of the House of Representatives, and
shall divide the same into three separate parts with ap-
propriate headings. In the first division and under the first
heading shall be placed all House Bills and Joint Reso-
lutions of a General Nature; under the second heading
shall be placed all Senate Bills of a General Nature;
under the third division shall be placed all Senate and
House Bills of a Local Nature. In each of said divisions
all bills and joint resolutions shall be arranged so as to
show (1) those on third reading; (2) those on second
reading. The committee to which such bill or resolution
was referred, together mith the report of same, shall be
stated under the title of each bill.
MESSAGES
Rule 79. Messages shall be transmitted to the Gover-
nor-or the Senate by the Clerk or Sergeant-at-Arms.
JOURNAL INDEXING AND BINDING
Rule 80. It shall be the duty of the Chief Clerk of the
House and his Assistants to fasten together the approved
copies of the Journals of each day, and immediately pre-

pare an index upon forms to be furnished by the Attorney
SGeneral; such index shall be plainly written or typed, and
such Journal shall be the official one of the House of Rep-
resentatives. The Chief Clerk shall have thirty days after

April 12, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

68 JOURNAL OF THE HOUSE

the House adjourns for completing the index, which shall
be filed for approval with the Attorney General. The com-
plete Journal at the close of the session shall be bound to-
gether under the supervision of the Chief Clerk and when
approved by the Speaker of the House and attested to by
the Chief Clerk of the House, shall be filed in the office of
the Secretary of State, as the official Journal of the House
of Representatives.
SERGEANT-AT-ARMS
Powers and Duties
Rule 81. There shall be a Sergeant-at-Arms and one or
more Assistant Sergeant-at-Arms of the House of Repre-
sentatives, and it shall be the duty of said officers to at-
tend the House of Representatives during its sittings, to
maintain order under the direction of the Speaker or other
presiding officer in the Chair; to execute the commands of
the Speaker and of the House, and all processes issued by
authority thereof, directed to him and subject always to
the approval of the Speaker to have charge of all property
of the House of Representatives and to disburse the ex-
pendible materials of the House to members of the House
for their official use; to cause to be printed daily sufficient
number of Journals and Calendars of the House to supply
the demands of the House and its members and to comply
with any order or resolution of the House; to have charge
of the Pages of the House; and the Doorkeepers and Jani-
tor of the House; to have general charge of the gallery of
the House provided for the public and maintain order
therein; to provide drinking water for the comfort of mem-
bers of the House and ice for same when necessary; to
make requisition on the State Printer for all materials in
the form of blanks and printed stationery which may be
required by the House and distribute the same on request
of the members; to.purchase for the use of the House, un-
less otherwise ordered, all articles which shall be ordered
by the House to be provided for the use of the House which
are to be purchased, and rent or otherwise secure any ar-
ticles which are to be rented or provided when so ordered
by the House, and to perform any special duty which may
be required by order or resolution of the House, or the
Speaker thereof in the exercise of his lawful authority. He
shall have supervision over the Assistant Sergeant-at-
Arms, pages, doorkeepers, janitors, messengers and Jour-
nal Clerks.
THE FLOOR OF THE HOUSE
Rule 82. The courtesy of the floor of the House shall
be extended only to former and present members of the
House of Representatives and members of the Senate and
the wife of any such Representative or Senator, the Gov-
ernor and his wife, heads of administrative departments,
Justices of the Supreme Court, one accredited representa-
tive of each of the newspapers of the State, and attaches
of the House and Senate, while on business connected with
their duties, shall be allowed the courtesy of the floor of
the House, but the Speaker or presiding officer for the
time being, upon written request of members of the House,
may extend the courtesies of the floor to such visitors as
may be named in the request, unless objections be inter-
posed thereto by any member, in which event a vote of
those present shall be taken. This rule shall apply whether
the House is in session or not, except that when the House
is not in session ingress and egress by way of the aisles of
the House Chamber shall be allowed to the corridors of

the north wing of the capitol.
No lobbying shall be permitted on the floor of the House.
When the House is not in session the use of the floor of
the House is reserved for the members for work, confer-

E

SOF REPRESENTATIVES April 12, 1939

ence, correspondence, etc., and the doorkeepers shall rigid-
ly exclude the public from all parts of the House except
the gallery; and the Sergeant-at-Arms shall preserve the
same order and silence as when the House is in session.
ATTACHES
Rule 83. House employees and attaches shall perform
the duties allotted to them by custom or rule of the House
or by order of the Speaker. The Enrolling Clerk shall be
the head of all employees in the Enrolling Department and
shall have. supervision of same under the Committee on En-
rolled Bills. The Engrossing Clerk shall be the head of all
employees working in the Engrossing Department and
shall have supervision of the same under the Committee
on Engrossed Bills, both the Enrolling and Engrossing
Department shall be under the control of the Speaker of
the House. House stenographers not specially assigned
shall be under the control of a head to be designated by
the Efficiency Committee, who shall work under the Com-
mittee on Legislative Expense. House stenographers shall
be at all times subject to the requisition of the Chairman
or acting Chairman of any House Committee, for the per-
formance of the official business of the House. All at-
taches and employees of the House shall remain on duty at
all times while the House is in session. When the House is
not in session they shall observe the same hours of em-
ployment as regular capitol employees, provided, that any
committee may require a stenographer to attend its meet-
ings at any time. House stenographers may be required to
write letters for members of the House when same does not
interfere with their doing tlie official work of the House
which has been allotted to them.
DISQUALIFICATION OF ATTACHES
Rule 84. No attache of the House shall, directly or in-
directly, interest or concern himself or herself with the
passage or consideration of any measure whatsoever. And
if any attache so interests or concerns himself or herself
with any measure it shall be grounds for summary dis-
missal.
JOINT RULES
Rule 1. While bills and joint resolutions are on their
passage between the two houses, they shall be on paper and
under the signature of the Secretary or Clerk of each house
respectively.
Rule 2. After a bill or joint resolution shall have
passed both houses it shall be duly enrolled as provided
by Chapter 7346, Acts of 1917, by the Enrolling Clerk of
the House of Representatives or Enrolling Secretary of
the Senate, as the bill may have originated in the one or
the other house, before it shall be presented to the Gover-
nor of the State or filed with the Secretary of State.
Rule 3. When a bill or joint resolution is enrolled it
shall be examined by the Standing Committees of the Sen-
ate and the House of Representatives on Enrolled Bills,
acting conjointly, who shall carefully compare the enroll-
ment with the engrossed bill or joint resolution as passed
by the two houses, and correcting any errors that may be
discovered in the enrolled bill or joint resolution. make
their report forthwith to their respective houses.
Rule 4. After examination and report, each bill and
joint resolution shall be submitted to the introducer for

his inspection and thereafter shall be signed in the respec-
tive houses, first by the Speaker of the House of Repre-
sentatives, and the Clerk thereof, then by the President of
the Senate and the Secretary thereof.

JOURNAL OF THE HOUSE]

Rule 5. That the Committee of the Senate on Enrolled
Bills and the Committee of the House on Enrolled Bills
shall constitute a joint Committee on Enrolled Bills.
Rule 6. After a bill shall have been thus signed in each
house, it shall be presented by the said committee to the
Governor of the State for his approval, it being first en-
dorsed on the back thereof, certifying in which house the
same originated, which endorsement shall be signed by the
Secretary or Clerk, as the case may be, of the house in
which it did originate, entered on the Journal of each
house. The same committee shall report the day of pres-
entation to the Governor, which time shall also be care-
fully entered on the Journal of each house.
Rule 7. All orders, resolutions and votes which are to
be presented to the Governor of the State for his approval
shall also in the same manner be previously enrolled, ex-
amined and signed, and shall be presented in the same
manner and by the same committee as provided in cases
of bills.
Rule 8. Before being put upon its passage, every reso-
lution in either house, to which the concurrence of the
other may be necessary (except a question of adjourn-
ment) shall receive two readings, which (unless two-thirds
of the members present decide otherwise) shall be upon
two different days; and the Clerk upon the proceeding
thereto shall announce whether the same to be the first or
second reading of such readings; and all such resolutions
upon their passage shall be certified as of course, and
without necessity of any motion or vote to that effect by
the Clerk or Secretary respectively of the house so passing
said resolution to the other.
Rule 9. Joint Resolutions shall, prior to their passage,
receive three readings which shall (unless two-thirds of the
members present shall decide otherwise) be upon three
different days; and the Clerk upon proceeding thereto,
shall announce whether the same be the first or second or
third reading; and upon their passage, the same resolu-
tions shall be certified by the house so passing the same to
the other in like manner to that prescribed in joint rule
number eight for concurrent resolutions.
SPECIAL AND CONTINUING ORDER
House Concurrent Resolution No. 4:
A Resolution urging the Civil Aeronautics Authority of the
United States to grant the application of Eastern Air Lines
for an extension of its Memphis to Tallahassee air line route
from Tallahassee to Ocala, Orlando, West Palm Beach and
Miami and return.
WHEREAS, it has come to the attention of the Legislature
that Eastern Air Lines has made application to the Civil
Aeronautics Authority of the United States Government for
permission to operate an extension of its Memphis to Talla-
hassee Air Line from Tallahassee to Ocala, Orlando, West
Palm Beach and Miami and return; and
WHEREAS, air passenger service over the proposed extend-
ed route will greatly facilitate the travel of those in Central
and South Florida who find it both necessary or desirous to
travel to and from Tallahassee, the capital of the State of
Florida, on official business with a minimum of time away
from their respective homes and places of business; and
WHEREAS, the proposed extension will render to the entire
State a much needed and desired air mail service in addition
to the passenger service aforesaid.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
Section 1. That the Civil Aeronautics Authority of the
United States Government be and it is hereby respectfully
petitioned and requested to promptly grant the pending ap-
plication of Eastern Air Lines for an extension of its Mem-

phis to Tallahassee Air Line from Tallahassee, to Ocala, Or-
lando, West Palm Beach and Miami and return.

Section 2. That upon the adoption of this Resolution by
both the Senate and House of Representatives, the Clerk of
the House of Representatives shall immediately transmit cer-
tified copies thereof to the Civil Aeronautics Authority of the
United States, the Post Office Department of the United
States, United States Senators Charles O. Andrews and Claude
Pepper, and United States Congressmen from Florida, Mil-
lard Caldwell, Lex Green, Pat Cannon, Joe Hendrix and Har-
din Peterson.
Was taken up.
Mr. Collins moved that House Concurrent Resolution No. 4
be informally passed.
Which was agreed to.
And it was so ordered.
MESSAGES FROM THE SENATE
The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
Senate Bill No. 156:
A bill to be entitled An Act authorizing, empowering and
directing the Board of County Commissioners and the Clerk
of the Circuit Court in counties having a population of not
less than 85,000 and not more than 170,000 according to the
next preceding State or Federal census and in which an
emergency now exists or may in the future exist, to sell, ex-
change and dispose of bonds taken in payment of delinquent
taxes and in tax adjustments pursuant to Chapter 16252, Laws
of Florida, Acts of 1933, and Chapter 16910, Laws of Florida,
Acts of 1935, prescribing the mode and method of selling and
disposing of the same; providing for the distribution of the
funds derived therefrom; providing that said Boards of County
Commissioners shall transfer funds necessary to give the
Board of Public Instruction in said counties at least $100,-
000.00 total of special school district taxes and county school
fund taxes; providing for delivery of said bonds; defining
what is an emergency; and providing for such other and
further duties of the Boards of County Commissioners and
Clerks of the Circuit Courts in such counties necessary to com-
ply with this Act.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
Was taken up and read the first time by title only.
Mr. Dekle asked unanimous consent of the House to take
up and consider Senate Bill No. 156 at this time.
Which was given.
Mr. Dekle moved that the rules be waived and Senate Bill
No. 156 be read a second time by title only.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 156 was read a second time by its title
only.
Mr. Dekle moved that the rules be further waived and Sen-
ate Bill No. 156 be read a third time in full and placed upon
its final passage.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 156 was read a third time in full.
Upon call of the roll on the final passage of Senate Bill No.
156 the vote was:
Yeas-Mr. Speaker: Messrs. Adams, Alien, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Bur-
well, Butt, Christie, Clement, Collins, Cooley, Cook, Crary,
Dekle, Dishong, Douglas, Drummond, Dukes, Farabee, Fearn-
side, Finch, Folks, Frank, Fraser, Fuller, Getzen, Gillespie,
Griner, Harrell (Duval), Harrell (Hamilton), Harrell (Indian

JOURNAL OF THE HOUSE

Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey, Smith,
Stewart, Stokes, Strayhorn, Sudduth, Tomasello, Turner, Ver-
saggi, Warren, West, Whitehurst, Wotitzky.-90.
Nays-Mr. Surrency.-1.
So Senate Bill No. 156 passed, title as stated.
And the same was ordered certified to the Senate.
And--
The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Fla., April 11, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted-
Senate Concurrent Resolution No. 6:
Relating to allocation and/or ear-marking of funds for
the purpose of paying the school teachers' salary.
BE IT RESOLVED BY THE LEGISLATURE OF THE
STATE OF FLORIDA:
WHEREAS, the Legislature has provided by proper appro-
priation Act that any deficiency in the sources of revenue
provided for the teachers salary fund distribution on a basis
of $800.00 per teacher unit shall be paid out of the General
Revenue Fund of the State of Florida; and
WHEREAS, there remains two monthly allocations of
$1,264,766.32 each to the Teacher's Salary Fund to be made
in the current fiscal year, said allocations due May 1st and
June 1st; and
WHEREAS, it appears there will be insufficient funds avail-
able from sources earmarked for schools to meet these two
allocations; and
WHEREAS, such anticipated deficit totals approximately
$1,250,000.00; and
WHEREAS, the State has just received the tax payment
of nearly $3,000,000.00 from the estate of one of its distin-
guished citizens, which payment going into the General
Revenue Fund will take care of all outstanding bills payable
from the General Revenue Fund of the State of Florida and
leave a:book balance of more than $2,000,000.00; and
WHEREAS, the schools of the State of Florida are in a
serious financial plight and because of shortage of funds many
of them will not be able to complete the term; and
WHEREAS, hundreds of school teachers are faced with the
necessity of going without their salaries,
NOW, THEREFORE, be it resolved that the sum of $1,250,-
000.00 of General Revenue Fund monies be and the same is
hereby earmarked for distribution to the Teachers' Salary
Fund and the Comptroller of the State of Florida be and is
hereby directed to so earmark such sums and to hold same
inviolate for the benefit of the said Teachers' Salary Fund
and to pay the same out only in making up any deficit in the
two remaining allocations due the School Teachers' Salary
Fund for the years 1938-39 provided, however, that any bal-
ance of the above earmarked money which is not necessary to
meet these two remaining payments shall be restored to an un-
earmarked status in the General Revenue Fund.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 6 contained in the
above message, was read the first time in full and referred
to the Committee on Finance & Taxation.
And-
The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Fla., April 7, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:

I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has adopted-

SOF REPRESENTATIVES April 12, 1939

Senate Concurrent Resolution No. 9:
WHEREAS, the Legislature of the State of Florida at the
1931 session passed certain legislation which is commonly re-
ferred to as the race track legislation, and
WHEREAS, it was provided in such legislation that the tax
derived from the operation of race tracks under the provisions
of said bill should be equally divided among the various Coun-
ties of the State of Florida, and
WHEREAS, it was a common and mutual understanding
among the then members of the Legislature that no change
would be made in the distribution of such funds, and
WHEREAS, it is believed that said legislation could not
have been passed had such provision not been incorporated in
said Act, and
WHEREAS, the Counties in the State of Florida in which
no racing was contemplated were assured by Representatives
of Counties in which racing was contemplated that their
honor was pledged to abide by the provisions of said bill and
particularly with reference to the distribution of the tax
moneys derived therefrom, and
WHEREAS, a recent attempt has been made to change such
distribution by contesting the constitutionality of the provision
of said Act with reference to the distribution of said funds
and that such attack amounts to a breach of faith with the
Counties in which there is no racing and that such attack
if successful will disrupt the financial budgets and greatly
hamper the operation of a large number of the Counties in
the State,
NOW, THEREFORE, be it resolved by the Senate, the House
of Representatives concurring, that a committee of three
members of the Senate and three members of the House of
Representatives be appointed by the President of the Senate
and Speaker of the House, respectively, to form a joint com-
mittee for the purpose of solving the problem precipitated by
the attack made on the distribution of the funds hereirabove
referred to and to determine the source, cause and reason for
the institution of the pending litigation and that such com-
mittee make such recommendations to the Legislature of the
State of Florida with reference to race track legislation as it
may deem proper.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 9 contained in the
above message, was read the first time in full.
Mr. Harrell of Hamilton moved that the rules be waived
and Senate Concurrent Resolution No. 9 be read a second
time in full.
Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 9 was read a second
time in full.
Mr. West of Santa Rosa offered the following amendment
to Senate Concurrent Resolution No. 9:
In the last paragraph of said Senate Concurrent Resolu-
tion, at the end of line eight (8) immediately after the word
"Committee" and immediately before the word "make" in
line nine (9) insert the following: "be authorized and directed
to hold hearings and issue subpoenas for witnesses and to
incur such reasonable expenses as may be necessary to
achieve the objects and purposes of this resolution, and after
ascertainment of the facts to"
Mr. West moved the adoption of the amendment.
Which was agreed to.
And the amendment was adopted.
Mr. Harrell of Hamilton moved that Senate Concurrent

Resolution No. 9, as amended, be adopted.
Which was agreed to.
.And Senate Concurrent Resolution No. 9, as amended, was
adopted and was referred to the Committee on Engrossed Bills.

And-
The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has adopted-
House Memorial No. 2:
Memorializing the President and Congress of the United
States to increase the sugar quota allotment for Florida.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And House Memorial No. 2 contained in the above message,
was referred to the Committee on Enrolled Bills.

And-
The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
Senate Bill No. 33:
A bill to be entitled An Act to amend Section 35 of Chapter
16103, Laws of Florida, Acts of 1933, the same being an Act
relating to wills and the probate thereof, to descent and dis-
tribution of decedents' estates, to dower, to the administra-
tion of decedents' estates and the practice and procedure re-
lating thereto, to revise and consolidate the law relating to
the estates of decedents and to repeal all laws and statutes
in conflict therewith as amended by Chapter 17171, Laws of
Florida, Acts of 1935, and as further amended by Chapter
18066, Laws of Florida, Acts of 1937, which amendment, how-
ever, shall provide for the dower of a widow in realty and
personalty, ratably subject to the debts of the estate of the
decedent along with the remainder of the estate, and shall
further provide that if a decedent be survived by a widow and
lineal descendants and none of such lineal descendants are
also lineal descendants of such widow, then such widow shall
be limited to a child's part irrespective of the terms of the
will of the decedent.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 33 contained in the above message,
was read the first time by its title and was referred to the
Committee on Judiciary "B".

And--
The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Pla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
Senate Bill No. 70:
A bill to be entitled An Act authorizing the State Game
Commissioner to permit the closing of streams and lakes
by the owners of property adjacent thereto by the erection
of fences for the purpose of establishing breeding grounds
for and to protect manatees or sea-cows.
And respectfully requests the concurrence of the House
therein.

Very respectfully,
ROBT. W. DAVIS
"Secretary of the Senate

And Senate Bill No. 70 contained in the above message,
was read the first time by its title and was referred to the
Committee on Conservation.
And-
The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Fla., April 11, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
By the required Constitutional two-thirds vote of all mem-
bers elected to the Senate for the 1939 session of the Legis-
lature-
Senate Bill No. 131:
A bill to be entitled An Act for the relief of Joe L. Sharit
as chairman of the committee having charge of the holding
of a festival and celebration of the Centennial Anniversary
of the Constitution of the State of Florida in Port St. Joe,
Florida, during the year 1938, and 'appropriating money to
reimburse the said Joe L. Sharit for monies expended by him
as such chairman of such committee.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 131 contained in the above message,
was read the first time by its title.
Mr. Lewis of Gulf asked unanimous consent of the House
to take up and consider Senate Bill No. 131:
Which was agreed to.
Mr. Lewis of Gulf moved that the rules be waived and Sen-
ate Bill No. 131 be read a second time by title only.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 131 was read a second time by title only.
Mr. Lewis of Gulf moved that the rules be further waived
and Senate Bill No. 131 be read a third time in full and placed
upon its final passage.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 131 was read a third time in full.
Upon call of the roll on the passage of Senate Bill No. 131
the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Bruns, Burwell, Butt, Chris-
tie, Clement, Collins, Cooley, Crary, Dekle, Dishong, Douglas,
Drummond, Dukes, Farabee, Fearnside, Finch, Frank, Fraser,
Fuller, Getzen, Gillespie, Griner, Harrell (Duval), Harrell
(Hamilton), Harrell (Indian River), Harris, Henderson,
Hodges, Holsberry, Holt, Howze, Inman, Jenkins, Johnson
(Gadsden), Johnson (Hernando), Lanier, Leaird, Leedy, Leh-
man, Leonardy, Lewis (Gulf), Lewis (Levy), Malone, Mar-
chant, Martin (Hillsborough), Martin (Polk), Moore, Morrow,
McCall, McCarty, McLeod, Overstreet, Papy, Peeples, Pickels,
Platt, Ray, Robinson, Scales, Shave, Sheldon, Sikes, Simpson,
Sinclair, Slappey, Smith, Stewart, Stokes, Sudduth, Surrency,
Tomasello, Turner, Versaggi, West, Whitehurst, Wotitzky.-85.
Nays-Messrs. Burks, Niblack.-2.
So Senate Bill No. 131 passed by the required Constitutional
two-thirds vote of all members elected to the House of Repre-
sentatives for the 1939 session of the Legislature.
And the same was ordered certified to the Senate.
Mr. Lewis of Gulf asked unanimous consent of the House
to make a motion.
Which was agreed to.
Mr. Lewis of Gulf moved that the rules be waived and that
when the House adjourn it adjourn until 11:00 o'clock to-
morrow morning.
Which was agreed to by a two-thirds vote.
Mr. Harrell of Hamilton moved that the rules be waived
and Senate Concurrent Resolution No. 9 be immediately cer-
tified to the Senate.

Which was agreed to by a two-thirds vote.
And it was so ordered.

April 12, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

72 JOURNAL OF THE HOUSE

The following message from the Senate was received and
read:
Senate Chamber
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Repre-
sentatives that the Senate has passed-
Senate Bill No. 123:
A bill to be entitled An Act authorizing all Counties of the
State of Florida having a population of not less than 60,000
and not more than 70,000 according to the last or any future
official, Federal or State census, to pay the compensation of
State auditors engaged in full time work in such Counties.
Also-
Senate Bill No. 125:
A bill to be entitled An Act authorizing Pinellas County,
Florida: its Board of County Commissioners to enlarge its
water supply and distribution system and prescribing the pro-
cedure therefore and the financing thereof.
Proof of publication attached.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 123 contained in the above message,
was read the first time by its title and was referred to the
Committee on Census & Apportionment.
And Senate Bill No. 125 contained in the above message,
was read the first time by its title and placed on the Local
Calendar.
HOUSE BILLS OF A GENERAL NATURE ON SECOND
READING
House Bill No. 34:
A bill to be entitled An Act to amend An Act entitled: "An
Act Relating to the Disposition of Unclaimed Funds in the
hands of Receivers or other representatives of persons, firms
or corporations that have been or are in the process of volun-
tary or involuntary liquidation under the Laws of this State,"
being Chapter 12035, Laws of Florida, approved June 4, 1927,
and to provide for judicial proceedings to determine the exist-
ence and rights, if any, of claimants to such funds, and for
service of process in such proceedings upon unknown persons
and claimants, and further to provide for the disposition of
such, funds.
Was taken up.
Mr. Christie moved that the rules be waived and House Bill
No. 34 be read a second time by title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 34 was read a second time by title only.
Mr. Christie moved that the rules be further waived and
House Bill No. 34 be read a third time in full and placed upon
its final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 34 was read a third time in full.
Upon call of the roll on the passage of House Bill No. 34
the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen; Ange, Ayers,
Beasley, Beck, Becton, Boatwright, Burks, Bruns, Burwell,
Butt, Christie, Clement, Collins, Cooley, Cook, Crary, Dekle,
Dishong, Douglas, Drummond, Dukes, Farabee, Fearnside,
Finch, Folks, Frank, Fraser, Getzen, Gillespie, Griner, Harrell
(Duval), Harrell (Hamilton), Harrell (Indian River), Harris,
Henderson, Hodges, Holsberry, Holt, Howze, Jenkins, Johnson
(Gadsden), Johnson (Hernando), Lanier, Leaird, Leedy, Leh-
man, Leonardy, Lewis (Levy), Malone, Marchant, Martin

Speaker of the House of Representatives,
Sir:
Your Committee on Finance and Taxation reports that the
Committee has considered the following bill and recommends
that it do pass:

E OF REPRESENTATIVES April 12, 1939

COMMITTEE REPORTS
Mr. Butt, Chairman of the Committee on Resolutions, re-
ported that the- Committee had considered the following
Resolution and recommended that it do not pass:
Senate Concurrent Resolution No. 4:
A Concurrent Resolution designating the cabbage palm
(Sabal Palmetto) as the State tree.
Committee vote was as follows:
Yeas-Messrs. Fuller and Overstreet.
Nays-Messrs. Butt, Johnson, Lewis and Howze.
Absent-Messrs. McL. Christie, Dekle and Leedy.
Very respectfully,
NOAH B. BUTT,
Chairman of Committee.
And Senate Concurrent Resolution No. 4, contained in the
above report, was laid on the table under the rules.
Mr. Butt, Chairman of the Committee on Resolutions, re-
ported that the Committee had considered the following Reso-
lution, and recommended that it do pass:
House Concurrent Resolution No. 3:
WHEREAS, the Legislature of the State of Florida at the
1931 session passed certain legislation which is commonly re-
ferred to as the race track legislation, and
WHEREAS, it was provided in such legislation that the
taxes derived from the operation of race tracks under the pro-
visions of said bill should be equally divided among the vari-
ous Counties of the State of Florida, and
WHEREAS, it was a common and mutual understanding
among the then members of the Legislature that no change
would be made in the distribution of such funds, and
WHEREAS, it is believed that said legislation could not have
been passed had such provision not been incorporated in said
Act, and
WHEREAS, the Counties in the State of Florida in which
no racing was contemplated were assured by Representatives
of Counties in which racing was contemplated that their honor
was pledged to abide by the provisions of said bill and par-
ticularly with reference to the distribution of the tax moneys
derived therefrom, and
WHEREAS, a recent attempt has been made to change such
distribution by contesting the constitutionality of the pro-
vision of said Act with reference to the distribution of said
funds and that such attack amounts to a breach of faith with
the Counties in which there is no racing and that such attack
if successful will disrupt the financial budgets and greatly
hamper the operation of a large number of the Counties of
the State,
NOW, THEREFORE, BE IT RESOLVED by the House of
Representatives, the Senate concurring, that a committee of
three members of the House of Representatives and three
members of the Senate be appointed by the Speaker of the
House and President of the Senate, respectively, to form a
joint committee for the purpose of solving the problem pre-
cipitated by the attack made on the distribution of the funds
hereinabove referred to and to determine the source, cause
and reason for the institution of the pending litigation and
that such committee make such recommendations to the Legis-
lature of the State of Florida with reference to race track
legislation as it may deem proper.
Committee vote was as follows:
Yeas-Messrs. Butt, Johnson, Howze and Overstreet.
Nays-Mr. Fuller.
Absent--Messrs. Lewis, McL. Christie, Leedy and Dekle.
Very respectfully,
NOAH B. BUTT,
Chairman of Committee.
And House Concurrent Resolution No. 3, contained in the
above report, was placed on the Callendar of Bills on second
reading.
Mr. Harrell (Hamilton), Chairman of the Committee on
Finance and Taxation, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,

JOURNAL OF THE HOUSE

House Bill No. 18:
A bill to be entitled An Act to provide for the acceptance
of delinquent obligations of special tax school districts in
counties having a population of not less than eleven thousand
six hundred and not more than eleven thousand seven hun-
dred in payment of taxes.
Committee vote was as follows:
Yeas-Messrs. Harrell (Hamilton), Overstreet, Allen, Burks,
Crary, Dekle, Drummond, Dishong, Finch, Harrell (Duval),
Lanier, Malone, Outman, Ray, Robinson, Shave, Sinclair,
Smith and Stewart.
Nays-Mr. Surrency.
Absent-Mr. Leedy.
Very respectfully,
F. B. HARRELL,
Chairman of Committee.
And House Bill No. 18, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Harrell (Hamilton), Chairman of the Committee on
Finance and Taxation, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Finance and Taxation reports that the
Committee has considered the following bill and recommends
that it do not pass:
House Bill No. 2:
A bill to be entitled An Act providing that all county tax col-
lectors in the State of Florida shall keep the tax books open
for the collection of taxes levied and assessed for the year 1938
until the first day of June, A. D. 1939.
Committee vote was as follows:
Yeas-Messrs. Crary, Finch, Ray and Smith.
Nays-Messrs. Harrell (Hamilton), Overstreet, Allen, Burks,
Dekle, Drummond, Dishong, Harrell (Duval), Lanier, Malone,
Outman, Robinson, Shave, Sinclair, Stewart and Surrency.
Absent-Mr. Leedy.
Very respectfully,
F. B. HARRELL,
Chairman of Committee.
And House Bill No. 2, contained in the above report, was
laid on the table under the rules.
Mr. Harrell (Hamilton), Chairman of the Committee on
Finance and Taxation, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Finance and Taxation reports that the
Committee has considered the following bill and recommends
that it do pass:
House Bill No. 17:
A bill to be entitled An Act to provide for the retirement
of time warrants, bonds, and other delinquent obligations of
special tax school districts in counties having a population of
between eleven thousand six hundred and eleven thousand
seven hundred.
Committee vote was as follows:
Yeas-Messrs. 'EIarrell (Hamilton), Overstreet, Allen, Burks,
Crary, Dekle, Drummond, Dishong, Finch, Harrell (Duval),
Lanier, Malone, Outman, Ray, Robinson, Shave, Sinclair,
Smith and Stewart.
Nays-Mr. Surrency.
Absent-Mr. Leedy.
Very respectfully,
F. B. HARRELL,
Chairman of Committee.
And House Bill No. 17, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Cook, Chairman of the Committee on Claims, reported
that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 207:

A bill to be entitled An Act for the relief of Oscar Osteen
and Edgar R. Brown.

April 12, 1939

A bill to be entitled An Act making it unlawful to distribute
political pamphlets, cards or literature of any kind or to
solicit votes or attempt to solicit votes within one hundred
yards of any polling place, at any general, special or primary
election held in this State, and providing for the enforce-
ment and punishment for the violation of this Act.

SOF REPRESENTATIVES 73

Committee vote was as follows:
Yeas-Messrs. Ange, Clement, Griner, Johnson of Hernan-
do, Lewis of Levy, Peeples, Pickels, Stewart, Cook and White-
hurst.
Nays-None.
Absent-Messrs. Douglas, Boatwright and Shave.
Very respectfully,
H. T. COOK,
Chairman of Committee.
And House Bill No. 207, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Cook, Chairman of the Committee on Claims, reported
that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 37:
A bill to be entitled An Act for the relief of Glades County,
Florida, and to cancel that certain debt due the State of Flor-
ida by the said Glades County for a loan executed under Chap-
ter 11,842, Laws of Florida, Acts of 1927.
Committee vote was as follows:
Yeas-Messrs. Ange, Boatwright, Clement, Griner, Johnson
of Hernando, Lewis of Levy, Peeples, Pickels, Stewart, White-
hurst and Cook.
Nays-None.
Absent-Messrs. Douglas and Shave.
Very respectfully,
H. T. COOK,
Chairman of Committee.
And House Bill No. 37, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Cook, Chairman of the Committee on Claims, reported
that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 205:
A bill to be entitled An Act for the relief of M. E. Decker.
Committee vote was as follows:
Yeas-Messrs. Ange, Clement, Griner, Lewis of Levy,
Peeples, Pickels and Cook.
Nays-Mr. Whitehurst.
Absent-Messrs. Boatwright, Douglas, Johnson of Hernando,
Shave and Stewart.
Very respectfully,
H. T. COOK,
Chairman of Committee.
And House Bill No. 205, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Holt, Chairman of the Committee on Elections, report-
ed that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 20:
A bill to be entitled An Act providing for nominations for
appointments to the offices of Circuit Judges by a political
party in a primary election and providing for the qualifying
of candidates therefore.
Committee vote was as follows:
Yeas-Messrs. Adams, Farabee, Gillespie, Holsberry, Leh-
man, Moore, Outman and Holt.
Nays-None.
Absent-Messrs. Cooley, Harrell and Smith.
Very respectfully,
GEORGE E. HOLT,
Chairman of Committee.
And House Bill No. 20, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Holt, Chairman of the Committee on Elections, report-
ed that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 92:

74 JOURNAL OF THE HOUSE

Committee vote was as follows:
Yeas-Messrs. Adams, Farabee, Gillespie, Lehman, Moore,
Outman and Holt.
Nays-None.
Absent-Messrs. Cooley, Harrell and Smith.
Very respectfully,
'GEORGE E. HOLT,
Chairman of Committee.
And House Bill No. 92, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Holt, Chairman of the Committee on Elections, report-
ed that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 155.
A bill to be entitled An Act fixing the time for opening
and closing the polls in primary, general and special elec-
tions in the State of Florida and repealing Section 309 Com-
piled General Laws of Florida, 1927, being Section 253 of
the revised General Statutes of Florida, 1920.
Committee vote was as follows:
Yeas-Messrs. Adams, Farabee, Gillespie, Holsberry, Leh-
man, Moore, Outman and Holt.
Nays-None.
Absent-Messrs. Cooley, Harrell and Smith.
Very respectfully,
GEORGE E. HOLT,
Chairman of Committee.
And House Bill No. 155, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Holt, Chairman of the Committee on Elections, report-
ed that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 194.
A bill to be entitled An Act amending Section 5, of Chap-
ter 13761, Laws of Florida, Acts of 1929, entitled, "An Act
repealing Sections 370, 410, 412 of Compiled General Laws,
1927, being same as Sections 313, 353 and 355 of Revised
General Statutes, 1920, and amending Sections 356, 359, 361,
386, 387, 400, 401, 405, 406, 407, 408, 409, 411 and 421, Com-
piled General Laws of Florida, 1927, being Sections 300, 303,
305, 329, 330, 343, 344, 348,- 349, 350, 351, 352, 354 and 364,
Revised General Statutes of Florida, 1920, relating to pri-
mary elections providing for a second primary election, abol-
ishing second choice voting, and relating to the qualification
of voters and the registration of voters, and other matters
in connection therewith," being Section 387, Compiled Gen-
eral Laws, 1927, by changing to forty-five days the time for
candidates for county offices to file their sworn statements
and receipts for committee assessments.
Committee vote was as follows:
Yeas-Messrs. Adams, Cooley, Farabee, Gillespie, Holsberry,
Lehman, Moore, Outman and Holt.
Nays-None.
Absent-Messrs. Harrell and Smith.
Very respectfully,
GEORGE E. HOLT,
Chairman of Committee.
And House Bill No. 194, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Holt, Chairman of the Committee on Elections, report-
ed that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 120:
A bill to be entitled An Act providing for nomination for
appointment of the Office of Circuit Judge by political party
in a primary election and providing for the qualifying of can-
didates therefore.
Committee vote was as follows:
Yeas-None.
Nays-Messrs. Adams, Farabee, Gillespie, Holsberry, Leh-
man, Moore, Outman and Holt.
Absent-Messrs. Cooley, Harrell and Smith.

"Very respectfully,
GEORGE E. HOLT,
Chairman of Committee.
And House Bill No. 120, contained in the above report, was
placed on the Calendar of Bills on second reading.

I

OF REPRESENTATIVES April 12, 1939

Mr. Holt, Chairman of the Committee on Elections, report-
ed that the Committee had considered the following bill, and
recommended that it do pass:
House Bill No. 48:
A bill to be entitled An Act relating to general elections held
in the State of Florida, providing for the preparation and form
of ballot to be used in connection therewith, authorizing the
voting of a straight party ticket, providing for the voting on
approval or ratification of constitutional amendments or other
questions legally submitted in the general election, providing
for the number of ballots to be furnished for the conduct of
such general elections for each voting precinct, and repealing
Sections 317, 318, 320, 321, and 323, Compiled Laws of Florida,
1927, being Sections 261, 262, 264, 265, 266 and 267, respective-
ly, Revised General Statutes, 1920.
Committee vote was as follows:
Yeas-Messrs. Adams, Farabee, Gillespie, Holsberry, Leh-
man, Moore, Outman and Holt.
Nays-None.
Absent-Messrs. Cooley, Harrell and Smith.
Very respectfully,
GEORGE E., HOLT,
Chairman of Committee.
And House Bill No. 48, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Holt, Chairman of the Committee on Elections, report-
ed that the Committee had considered the following bill, and
recommended that it do not pass:
House Bill No. 215:
A bill to be entitled An Act fixing the time for opening and
closing the polls in Primary, General, and Special Election in
the State of Florida and repealing Section 309 etc.
Committee vote was as follows:
Yeas-None.
Nays-Messrs. Adams, Farabee, Gillespie, Holsberry, Leh-
man, Moore, Outman and Holt.
Absent-Messrs. Cooley, Harrell and Smith.
Very respectfully,
GEORGE E. HOLT,
Chairman of Committee.
And House Bill No. 215, contained in the above report, was
laid on the table under the rules.
REPORT OF COMMITTEE ON ENGROSSED BILLS
Mr. Douglas, Chairman of the Committee on Engrossed
Bills, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Engrossed Bills, to whom was referred
(with amendments), after reading:
Senate Concurrent Resolution No. 9:
WHEREAS, the Legislature of the State of Florida at the
1931 session passed certain legislation which is commonly
referred to as the race track legislation, and
WHEREAS, it was provided in such legislation that the
tax derived from the operation of race tracks under the pro-
visions of said bill should be equally divided among the various
counties of the State of Florida, and
WHEREAS, it was a common and mutual understanding
among the then members of the Legislature that no change
would be made in the distribution of such funds, and
WHEREAS, it is believed that said legislation could not
have been passed had such provision not been incorporated
in said Act, and
WHEREAS, the Counties in the State of Florida in which
no racing was contemplated were assured by representatives
of Counties in which racing was contemplated that their honor
was pledged to abide by the provisions of said bill and par-
ticularly with reference to the distribution of the tax moneys
derived therefrom, and

WHEREAS, a recent attempt has been made to change such
distribution by contesting the constitutionality of the pro-
vision of said Act with reference to the distribution of said
funds and that such attack amounts to a breach of faith
with the Counties in which there is no racing and that such

E

JOURNAL OF THE HOUSE

attack if successful will disrupt the financial budgets and
greatly hamper the operation of a large number of the Coun-
ties in the State,
NOW, THEREFORE, Be It Resolved by the Senate, the
House of Representatives concurring, that a committee of
three members of the Senate and three members of the House
of Representatives be appointed by the President of the Senate
and Speaker of the House, respectively, to form a joint com-
mittee for the purpose of solving the problem precipitated
by the attack made on the distribution of the funds herein-
above referred to and to determine the source, cause and
reason fbr the institution of the pending litigation and that
such committee make such recommendations to the Legisla-
ture of the State of Florida with reference to race track
legislation as it may deem proper.
Have carefully examined same, and find same correctly en-
grossed, and return same herewith.
Very respectfully,
T. C. DOUGLAS,
Chairman of Committee.
And Senate Concurrent Resolution No. 9, contained in the
above report, was ordered certified to the Senate.

REPORT OF JOINT COMMITTEE ON ENROLLED BILLS
Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Representa-
tives, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
House Bill No. 107:
An Act transferring and appropriating funds to pay the
cost of completing and furnishing the North Wing of the
State Capitol and providing for the payment thereof.

April 12, 1939

SOF REPRESENTATIVES 75

Have carefully examined same, and find same correctly en-
rolled and herewith present the same for the signatures of
the Speaker and Chief Clerk of the House of Representatives.
Very respectfully,
H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
The Bill contained in the above report was thereupon duly
signed by the Speaker and the Chief Clerk of the House of
Representatives in open session, and ordered referred to the
Chairman of the Committee on Enrolled Bills on the part of
the House of Representatives to be conveyed to the Senate
for the signatures of the President and Secretary thereof.
Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Representa-
tives, submitted the following report:
House of Representatives,
Tallahassee, Fla., April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
House Bill No. 107:
An Act Transferring and Appropriating Funds to Pay the
Cost of Completing and Furnishing the North Wing of the
State Capitol and Providing for the Payment Thereof.
Beg leave to report that the same have this day been pre-
sented to the Governor for his approval.
Very respectfully,
H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
Mr. Stokes moved that the rules be waived and that the
House do now adjourn.
Which was agreed to by a two-thirds vote.
Thereupon at the hour of 12:54 P. M. the House stood ad-
journed until 11:00 o'clock Thursday, April 13, 1939.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

THURSDAY, APRIL 13, 1939

The House was called to order by the Speaker at 11:00 A.
M. The roll was called and the following members answered
to their names:
Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell, Butt,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch, Folks,
Frank, Fraser, Fuller, Getzen, Gillespie, Griner, Harrell .Du-
vai), Harrell (Hamilton), Harrell (Indian River), Harris,
Henderson, Hodges, Holsberry, Holt, Howze, Inman, Jenkins,
Johnson (Gadsen), Johnson (Hernando), Lanier, Leaird,
Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy), Lind-
sey, Malone, Marchant, Martin (Hillsborough), Martin (Polk),
Moore, Morrow, McCall, McCarty, McLeod, Niblack, Outman,
Overstreet, Papy, Peeples, Pickels, Platt, Ray, Robinson, Scales,
Scofield, Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey,
Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzky
-95.
A quorum present.
The following prayer was rendered by the Chaplain:
Dear Lord, continue we beseech Thee, Thy blessings upon
our,great State. Grant that we shall be tolerant at all times,
loving liberty, and tempering our justice with mercy. In the
name of Thine only Son, we pray. Amen.
The reading of the Journal was dispensed with.
The Journal of the House of Representatives for April 12
was corrected and as corrected was approved.
The Speaker announced that he would excuse Mr. Bruns
from attendance upon the session of the House Friday, April
14. The Speaker announced that Mr. Scales would be excused
from attendance upon the House sessions from noon today
until Monday, April 17.
The Speaker also announced that Mr. Lindsey would be
excused from attendance upon the session of the House to-
day because of illness.
Mr. Lehman moved that House Bill No. 145 be jointly re-
ferred to the Committee on Agriculture and Appropriations.
Which was agreed to.
And it was so ordered.
Mr. Fuller moved that the rules be waived and House Bills
Nos. 242 and 244 be withdrawn from the Committee on Ju-
diciary "A" and placed on the Calendar of Local Bills on
Second Reading.
Which was agreed to by a two-thirds vote.
And it was so ordered.
INTRODUCTION OF HOUSE RESOLUTIONS
By Mr. Becton of Wakulla-
House Resolution No. 23:
WHEREAS the Lord in His infinite wisdom on the 20th
day of July, A. D. 1937, removed from the affairs of men An-
gus Morrison, of Crawfordville, Wakulla County, Florida, who
at the time of his death was a Member of the House of Rep-
resentatives of the State of Florida from Wakulla County,
AND, WHEREAS the said Angus Morrison for more than
twenty-five (25) years had been actively identified with the
public and civic affairs of the State of Florida, having served
as Sheriff of Wakulla County, Florida, for twenty years and
as Representative from Wakulla County, Florida in the reg-
ular session of the Legislature of Florida, A. D. 1937, and
whereas he had become widely known for his honest,
efficient and faithful discharge of public duties, and had
contributed much to the general welfare of his state and
county, and whereas the loss of his valuable services will be
far reaching throughout the state,
AND, WHEREAS, it is the desire of the membership of the
House now sitting in legislative session to express to the be-

reaved family of Angus Morrison our deep, sincere and heart-
felt sympathy, and share with the family in their deep sor-
row and great loss of one of our former members.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA:
That we record with regret and sorrow the passing of this
honored citizen and inscribe upon the record of our pro-
ceedings, on a separate page of the journal to be set apart
for that purpose, our testimonial of his public record.
BE IT FURTHER RESOLVED that a copy of this resolu-
tion under the hand of the Speaker and Chief Clerk thereof
be forwarded to the members of his family.
Which was read the first time in full.
Mr. Becton moved the adoption of the resolution.
Which was agreed to.
And House Resolution No. 23 was adopted.
INTRODUCTION OF HOUSE CONCURRENT
RESOLUTIONS
By Messrs. Adams of Calhoun, Finch and Pickels of Jack-
son, Fraser of Baker, Burwell of Broward, Inman of Bradford,
Bruns of Osceloa, Crary of Martin, Leaird of Broward, and
Beasley of Walton-
House Concurrent Resolution No. 5:
WHEREAS, Agriculture is one of the leading industries of
the State of Florida; and
WHEREAS, the development and expansion of the markets
for agricultural products of the State of Florida is a matter
affecting the general prosperity of the State and its citizens;
and
WHEREAS, the development and expansion of local mar-
kets is an integral part of the program of developing and
expanding markets for Florida agricultural products; and
WHEREAS, the tax supported institutions maintained by
the State of Florida and its agencies are consumers of vast
quantities of agricultural products; and
WHEREAS, it has been suggested that such tax supported
institutions may in numerous instances utilize Florida agri-
cultural products without any sacrifice with regard to quality
and without any increase in cost, rather than agricultural
products produced elsewhere; and
WHEREAS, the various purchasing agencies do not have
the power or opportunity to make substitutions of Florida
products on the requisitions of dietitions or other authorities
in several tax supported institutions; and
WHEREAS, it would appear to be advantageous to conduct
a study of existing conditions for the purpose of enabling the
Legislature of Florida to enact any necessary legislation to
promote the use of Florida agricultural products in tax sup-
ported institutions of the State of Florida:
NOW, THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES, THE SENATE CONCURRING:
1. That a special committee be appointed to consist of three
members of the House of Representatives and two members
of the Senate, to conduct such investigation as may be neces-
sary to enable said committee to report to the Legislature
concerning the necessity of legislation to encourage the use
of Florida Agricultural products in Florida tax-supported in-
stitutions, the members of said committee from the House of
Representatives to be appointed by the Speaker of the House
of Representatives, and the members of said Committee from
the Senate to be appointed by the President of the Senate.
2. Said Committee shall be authorized to employ an inves-
tigator and such other clerical assistance as it shall deem
necessary to carry on its work as hereinabove outlined.
Which was read the first time in full and referred to the
Committee on Resolutions.

76

JOURNAL OF THE HOUSE OF REPRESENTATIVES

UI

I

1

By Mr. Becton of Wakulla

"House 'Resolution 'no. 23
WHEREAS the Lord in His infinite wisdom on the 20th day
of July, A. D. 1937, removed from the affairs of men Angus Mor-
rison, of Crawfordville, Wakulla County, Florida, who at the time
of his death was a Member of the House of Representatives of
the State of Florida from Wakulla County.
AND, WHEREAS the said Angus Morrison for more than
twenty-five (25) years had been actively identified with the public
and civic affairs of the State of Florida, having served as Sheriff of
Wakulla County, Florida, for twenty years and as Representative
from Wakulla County, Florida, in the regular session of the Legis-
lature of Florida, A. D. 1937, and whereas he had become widely
known for his honest, efficient and faithful discharge of public
duties, and had contributed much to the general welfare of his
State and County, and whereas the loss of his valuable services
will be far reaching throughout the State.
AND, WHEREAS, it is the desire of the membership of the
House now sitting in legislative session to express to the bereaved
family of Angus Morrison our deep, sincere and heartfelt sympathy,
and share with the family in their deep sorrow and great loss of
one of our former members.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES OF THE STATE OF FLORIDA:
That we record with regret and sorrow the passing of this
honored citizen and inscribe upon the record of our proceedings,
on a separate page of the Journal to be set apart for that purpose,
our testimonial of his public record.
BE IT FURTHER RESOLVED that a copy of this resolution
under the hand of the Speaker and Chief Clerk thereof be for-
warded to the members of his family.

111 11 LI I, -,L IPilllll

77

April 13, 1939

78 JOURNAL OF THE HOUSE]

By Messrs. Collins and Moore of Leon, Leedy and Hodges
of Orange, Folks and Frank of Marion, Morrow and Beck of
Palm Beach, and Holt, Lindsey and Overstreet of Dade-
House Concurrent Resolution No. 6:
A Resolution urging the Civil Aeronautics Authority of the
United States to grant an appropriate application providing
for air mail and transportation service between the cities of
Tallahassee and Orlando, Florida, by way of Ocala.
WHEREAS, it has come to the attention of the Legislature
that the Civil Aeronautics Authority of the United States
Government is now considering, or will consider, the granting
of an application providing for air mail and transportation
service between the cities of Orlando and Tallahassee, Florida,
by way of Ocala, and
WHEREAS, air mail and passenger service over the proposed
route will serve as a connecting link at both of the aforesaid
terminals with air transportation service now in existence, and
WHEREAS, air passenger service over the proposed route
will greatly facilitate the travel of those in Central and South
Florida who find it both necessary and desirous to travel to
and from Tallahassee, the capital of the State of Florida, and
WHEREAS, the proposed route will render to the entire
State of Florida a much needed and desired air mail and pas-
senger transportation service.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
Section 1. That the Civil Aeronautics Authority of the
United States Government be and it is hereby respectfully
petitioned and requested to consider favorably and grant an
appropriate application for the establishment of air mail and
transportation service between the cities of Tallahassee and
Orlando, Florida, by way of Ocala.
Section 2. That upon the adoption of this Resolution by
both the Senate and House of Representatives, the Clerk of
the House of Representatives shall immediately transmit cer-
tified copies thereof to the Civil Aeronautics Authority of the
United States, the Post Office Department of the United
States, United States Senators Charles O. Andrews and Claude
Pepper, and United States Congressmen from Florida, Millard
Caldwell, Lex Green, Pat Cannon, Joe Hendrix and Hardin
Peterson.
Which was read the first time in full.
Mr. Collins asked unanimous consent of the House to now
consider House Concurrent Resolution No. 6.
Which was agreed to.
Mr. Collins moved that the rules be waived and that House
Concurrent Resolution No. 6 be read a second time in full.
Which was agreed to by a two-thirds vote.
And House Concurrent Resolution No. 6 was read a second
time in full.
Mr. Collins moved the adoption of the concurrent resolution.
Which was agreed to.
And House Concurrent Resolution No. 6 was adopted.
Mr. Leedy moved that House Bill No. 253 which is now in
the Committee on Judiciary "C" be jointly referred to the
Committees on Judiciary "C" and Banks & Loans.
Which was agreed to.
And it was so ordered.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Messrs. Allen and Boatwright of Suwannee-
House Bill No. 285:
A bill to be entitled An Act for the relief of Mrs. Ben F.
Callahan, widow, of Suwannee County, Florida, and making
an appropriation therefore as compensation for the loss of her
husband, Ben F. Callahan, who, as an employee of the State
Department of Agriculture was killed.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Butt of Brevard, Fraser of Baker and Sudduth
of Bay-
House Bill No. 286:

A bill to be entitled An Act relating to and concerning
taxation; amending Section 756 of the Revised General
Statutes of Florida; being Section 969 of the Compiled Gen-
eral Laws of Florida, 1927, as amended by Section 3 of
Chapter 14572, Laws of Florida, 1929; providing that real

E OF REPRESENTATIVES

April 13, 1939

property shall be sold for failure to pay taxes after the first
of June of the year following the year in which the taxes
were assessed; providing that this law shall relate to and in-
clude the tax sales for the year 1939; and providing for the
repeal of all laws inconsistent herewith.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Mr. Dekle of Hillsborough-
House Bill No. 287:
A bill to be entitled An Act to declare, designate and es-
tablish a certain State road in Hillsborough and Pinellas
Counties extending across Tampa Bay.
Which was read the first time by its title and referred to
the Committee on Public Roads & Highways.
By Mr. Wotitzky of Charlotte-
House Bill No. 288:
A bill to be entitled An Act to authorize, empower and
direct the Clerk of Circuit Court of Charlotte County, Flor-
ida, to cancel and surrender to the Board of Public Instruc-
tion of Charlotte County, Florida, all Charlotte County
school bonds and/or coupons that have heretofore been de-
livered to said Clerk of Circuit Court of said Charlotte
County, Florida, for the payment or adjustment of any taxes
due Charlotte County by any taxpayer thereof.
Which bill was read the first time by its title, and had at-
tached to same when introduced in the House of Represen-
tatives the following proof of publication which was ordered
to be entered in full upon the Journal of the House of
Representatives:
NOTICE
Notice is hereby given that I shall during the 1939 session
of the Legislature of the State of Florida, introduce and offer
for passage the following local or special laws:
1. A law to authorize, empower and direct the Clerk of
Circuit Court of Charlotte County, Florida, to cancel and
surrender to the Board of Public Instruction of Charlotte
County, Florida, all Charlotte County school bonds and/or
coupons that have heretofore been delivered to said Clerk
of Circuit Court of said Charlotte County, Florida, for the
payment or the adjustment of any taxes due Charlotte Coun-
ty by any taxpayer thereof.
2. To repeal Chapter 16913, Laws of Florida, Acts of 1935,
being an Act to Provide for the Nomination of County Com-
missioners in certain counties, including Charlotte County,
from the County at Large instead of by Districts.
3. To ratify and approve the action of the Board of Coun-
ty Commissioners of Charlotte County, Florida, in exchanging
Charlotte County Courthouse, Road, Bridge and Time War-
rants and other bonds and coupons heretofore received by
Charlotte County, Florida, in payment of taxes under the
Futch Bill and through other tax adjustments consummated
by said Charlotte County, for refunding bonds, validated and
issued by Charlotte County during the year 1936.
4. To authorize the Board of County Commissioners of
Charlotte County, Florida, to sell and to authorize, empower
and direct the State Board of Administration of Florida to
buy all 1936 Charlotte County Road and Bridge Refunding
Bonds heretofore or hereafter acquired by Charlotte County,
Florida, in payment of taxes due said County that shall be
offered to such State Board of Administration of Florida by
Charlotte County, Florida, as and under the same conditions
that other bonds of said Charlotte County, Florida, are of-
fered under the Kanner Bill, provided however, that not
more than $15,000.00 par value of said refunding bonds shall
be sold to and purchased by said State Board of Adminis-
tration in any one calendar year.
5. To authorize, empower and direct the Board of County
Commissioners of Charlotte County, Florida, to place in the
General Fund of Charlotte County, Florida, all funds which
shall be or which have heretofore been or shall herewith be
received by such Board of County Commissioners of Char-
lotte County, Florida, as interest on refunding bonds and/or
other bonds of said County, as well as funds derived through
the sale of refunding bonds of said County to or through the
State Board of Administration of Florida.
6. To authorize and empower the Clerk of Circuit Court
of Charlotte County, Florida and the Board of County Com-

missioners of Charlotte County, Florida, to cancel all Char-
lotte County Courthouse bonds, Courthouse coupons and/or
Courthouse refunding bonds so held by said Clerk of Circuit

JOURNAL OF THE HOUSE

Court of Charlotte County, Florida, and the said Board of
County Commissioners of Charlotte County, Florida, which
shall have been prior heretofore received in the payment or
the adjustment of taxes due Charlotte County, Florida.
7. To close to all net fishing during the months of December,
January, February and March that portion of Peace river
north of Barron Collier bridge in Charlotte County, and that
portionL of the Allapatchee (Alligator creek) above that point
known as the Devil's Elbow.
8. To amend section 3, Chapter 9055, Laws of Florida, Acts
of 1921, as follows:
Section 3. BOUNDARIES: The boundaries within which
shall be included the territory of the said City of Punta
Gorda shall be as follows: Beginning at the center of the
channel of Charlotte harbor, at its intersection with the
westerly line, produced, of Maud street as shown on the
original plat of the Town of Trabue (now Punta Gorda) and
running southeasterly with said line, to and through said
plat to its intersection with Henry street, thence east along
the south line of Henry street to its intersection with John
street (being U. S. Highway No. 41) thence along the west
line of John street to the south line of Section 7, Twp. 41 S
Range 23 E, thence east to the southeast corner of Section
7, Township 41 S Range 23E, thence north to the center of
the channel of Charlotte harbor, thence southwesterly with
the center of said channel to the place of beginning."
LEO WOTITZKY,
Representative Charlotte County.
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA,
COUNTY OF CHARLOTTE.
BEFORE ME this day personally appeared A. C. Jordan to
me well known, who, under oath, deposes and says:
That he is co-editor of THE PUNTA GORDA HERALD, a
newspaper of general circulation published weekly in the City
of Punta Gorda, County of Charlotte and State of Florida;
that said newspaper has been published continuously, and
entered in the mails as second class matter, each for a period
of more than one year next preceding the date of the first
publication therein of the notice, order, publication and/or
advertisement "Notice" of intention to introduce and seek
passage in the 1939 Legislature of certain local laws, a copy
of which said notice, order, publication and/or advertise-
ment is attached hereto; and that the same was published in
said newspaper once each week for a period of one consecutive
week, to-wit: in the issue of said newspaper published on
March 2, A. D. 1939.
A. C. JORDAN.
Sworn to and subscribed before me this 20th day of March,
A. D. 1939.
(Seal)
RUTH PERKINS,
Notary Public State of Florida at Large.
My commission expires March 19th, 1943.
And the House of Representatives thereupon determined
that the evidence that said bill has been published in com-
pliance with Section 21 of Article III, as amended, of the
Constitution has been established in this Legislature.
And the bill was placed on the Calendar of Local Bills on
second reading.
By Mr. Wotitzky of Charlotte-
House Bill No. 289:
A bill to be entitled An Act to amend Section 3 of Chapter
9055, Laws of Florida, Acts of 1921, entitled: "An Act to
abolish the present municipality of the town of Punta Gorda,
DeSoto County, Florida, and to create and establish a muni-
cipal corporation to be known as the City of Punta Gorda,
Florida; to prescribe the territorial limits thereof; to pre-
scribe the form of government and to confer certain powers
upon said municipality and its officers, and to provide a
charter for the carrying into effect the provisions of this
Act."

Which bill was read the first time by its title, and had at-
tached to same when introduced in the House of Represen-
tatives the following proof of publication which was ordered
to be entered in full upon the Journal of the House of
Representatives:

April 13, 1939

7, Township 41 S Range 23E, thence north to the center of
the channel of Charlotte harbor, thence southwesterly with
the center of said channel to the place of beginning."
LEO WOTITZKY,
Representative Charlotte County.

$E OF REPRESENTATIVES 79

NOTICE
Notice is hereby given that I shall during the 1939 session
of the Legislature of the State of Florida, introduce and offer
for passage the following local or special laws:
1. A law to authorize, empower and direct the Clerk of
Circuit Court of Charlotte County, Florida, to cancel and
surrender to the Board of Public Instruction of Charlotte
County, Florida, all Charlotte County school bonds and/or
coupons that have heretofore been delivered to said Clerk
of Circuit Court of said Charlotte County, Florida, for the
payment or the adjustment of any taxes due Charlotte Coun-
ty by any taxpayer thereof.
2. To repeal Chapter 16913, Laws of Florida, Acts of 1935
being an Act to Provide for the Nomination of County Com-
missioners in certain counties, including Charlotte County,
from the County at Large instead of by Districts.
3. To ratify and approve the action of the Board of Coun-
ty Commissioners of Charlotte County, Florida, in exchanging
Charlotte County Courthouse, Road, Bridge and Time War-
rants and other bonds and coupons heretofore received by
Charlotte County, Florida, in payment of taxes under the
Futch Bill and through other tax adjustments consummated
by said Charlotte County, for refunding bonds, validated and
issued by Charlotte County during the year 1936.
4. To authorize the Board of County Commissioners of
Charlotte County, Florida, to sell and to authorize, empower
and direct the State Board of Administration of Florida to
buy all 1936 Charlotte County Road and Bridge Refunding
Bonds heretofore or hereafter acquired by Charlotte County,
Florida. in payment of taxes due said County that shall be
offered to such State Board of Administration of Florida by
Charlotte County, Florida, as and under the same conditions
that other bonds of said Charlotte County, Florida, are of-
fered under the Kanner Bill, provided however, that not
more than $15 000.00 par value of said refunding bonds shall
be sold to and purchased by said State Board of Adminis-
tration in any one calendar year.
5. To authorize, empower and direct the Board of County
Commissioners of Charlotte County, Florida, to place in the
General Fund of Charlotte County, Florida, all funds which
shall be or which have heretofore been or shall herewith be
received by such Board of County Commissioners of Char-
lotte County, Florida, as interest on refunding bonds and/or
other bonds of said County, as well as funds derived through
the sale of refunding bonds of said County to or through the
State Board of Administration of Florida.
6. To authorize and empower the Clerk of Circuit Court
of Charlotte County, Florida and the Board of County Com-
missioners of Charlotte County, Florida, to cancel all Char-
lotte County Courthouse bonds, Courthouse coupons and/or
Courthouse refunding bonds so held by said Clerk of Circuit
Court of Charlotte County, Florida, and the said Board of
County Commissioners of Charlotte County, Florida, which
shall have been prior heretofore received in the payment or
the adjustment of taxes due Charlotte County, Florida.
7. To close to all net fishing during the months of December,
January, February and March that portion of Peace river
north of Barron Collier bridge in Charlotte County, and that
portion of the Allapatchee (Alligator creek) above that point
known as the Devil's Elbow.
8. To amend section 3, Chapter 9055, Laws of Florida, Acts
of 1921, as follows:
Section 3. BOUNDARIES: The boundaries within which
shall be included the territory of the said City of Punta
Gorda shall be as follows: Beginning at the center of the
channel of Charlotte harbor, at its intersection with the
westerly line, produced, of Maud street as shown on the
original plat of the Town of Trabue (now Punta Gorda) and
running southeasterly with said line, to and through said
plat to its intersection with Henry street, thence east along
the south line of Henry street to its intersection with John
street (being U. S. Highway No. 41) thence along the west
line of John street to the south line of Section 7, Twp. 41 S
Range 23 E, thence east to the southeast corner of Section

AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA,
COUNTY. OF CHARLOTTE.
BEFORE ME this day personally appeared A. C. Jordan to
me well known, who, under oath, deposes and says:
That he is co-editor of THE PUNTA GORDA HERALD, a
newspaper of general circulation published weekly in the City
of Punta Gorda, County of Charlotte and State of Florida;
that said newspaper has been published continuously, and
entered in the mails as second class matter, each for a period
of more than one year next preceding the date of the first
publication therein of the notice, order, publication and/or
advertisement "Notice" of intention to introduce and seek
passage in the 1939 Legislature of certain local laws a copy
of which said notice, order, publication and/or advertisement
is attached "hereto; and that same was published in said
newspaper once each week for a period of one consecutive
week, to-wit: in the issues of said newspaper on March 2,
A. D. 1939.
A. C. JORDAN.
Sworn to and subscribed before me this 20th day of March,
A. D. 1939.
(Seal)
RUTH PERKINS,
Notary Public State of Florida at Large.
My commission expires March 19th, 1943.
And the House of Representatives thereupon determined
that the evidence that said bill has been published in com-
pliance with Section 21 of Article III, as amended, of the
Constitution has been established in this Legislature.
And the bill was placed on the Calendar of Local Bills on
second reading.
By Mr. Wotitzky of Charlotte-
House Bill No. 290:
A bill to be entitled An Act to prohibit and regulate fish-
ing during the months of December, January, February and
March of any year, in the waters of Peace River and/or any
of the tributaries thereof, lying and being in Charlotte Coun-
ty, Florida, north-east of Barron Collier bridge on State road
five (5), being Federal Highway Forty-one (41); and, to
prohibit and regulate fishing during the months of Decem-
ber, January, February and March of any year in the waters
of Alligator Creek (Allapatchee River) and/or any of the
tributaries thereof, in Charlotte County, Florida, lying east
and/or above the place on said creek or river commonly
known as "The Devil's Elbow"; providing for destruction of
nets and seines used in violation of this Act; providing that
the Florida State Board of Conservation shall place warning
signs and posters; providing penalties for violation thereof;
providing for repeal of conflicting laws and/or Acts; provid-
ing for the time of taking effect of this Act.
Which bill was read the first time by its title, and had at-
tached to same when introduced in the House of Represen-
tatives the following proof of publication which was ordered
to be entered in full upon the Journal of the House of
Representatives:
NOTICE
Notice is hereby given that I shall during the 1939 session
of the Legislature of the State of Florida, introduce and offer
for passage the following local or special laws:

Circuit Court of Charlotte County, Florida, to cancel and
surrender to the Board of Public Instruction of Charlotte
County, Florida, all Charlotte County school bonds and/or
coupons that have heretofore been delivered to said Clerk
of Circuit Court of said Charlotte County, Florida, for the
payment or the adjustment of any taxes due Charlotte Coun-
ty by any taxpayer thereof.
2. To repeal Chapter 16913, Laws of Florida, Acts of 1935,
being an Act to Provide for the Nomination of County Com-
missioners in certain counties, including Charlotte County,
from the County at Large instead of by Districts.
3. To ratify and approve the action of the Board of Coun-
ty Commissioners of Charlotte County, Florida, in exchanging
Charlotte County Courthouse, Road, Bridge and Time War-
rants and other bonds and coupons heretofore received by
Charlotte County, Florida, in payment of taxes under the
Futch Bill and through other tax adjustments consummated

by said Charlotte County, for refunding bonds, validated and
issued by Charlotte County during the year 1936.

April 13, 1939

4. To authorize the Board of County Commissioners of
Charlotte County, Florida, to sell and to authorize, empower
and direct the State Board of Administration of Florida to
buy all 1936 Charlotte County Road and Bridge Refunding
Bonds heretofore or hereafter acquired by Charlotte County,
Florida, in payment of taxes due said County that shall be
offered to such State Board of Administration of Florida by
Charlotte County, Florida, as and under the same conditions
that other bonds of said Charlotte County, Florida, are of-
fered under the, Kanner Bill, provided however, that not
more than $15,000.00 par value of said refunding bonds shall
be sold to and purchased by said State Board of Adminis-
tration in any one calendar year.
5. To authorize, empower and direct the Board of County
Commissioners of Charlotte County, Florida, to place in the
General Fund of Charlotte County, Florida, all funds which
shall be or which have heretofore been or shall herewith be
received by such Board of County Commissioners of Char-
lotte County, Florida, as interest on refunding bonds and/or
other bonds of said County, as well as funds derived through
the sale of refunding bonds of said County to or through the
State Board of Administration of Florida.
6. To authorize and empower the Clerk of Circuit Court
of Charlotte County, Florida and the Board of County Com-
missioners of Charlotte County, Florida, to cancel all Char-
lotte County Courthouse ponds, Courthouse coupons and/or
Courthouse refunding bonds so held by said Clerk of Circuit
Court of Charlotte County, Florida, and the said Board of
County Commissioners of Charlotte County, Florida, which
shall have been prior heretofore received in the payment or
the adjustment of taxes due Charlotte County, Florida.
7. To close to all net fishing during the months of December,
January, February and March that portion of Peace river
north of Barron Collier bridge in Charlotte County, and that
portion of the Allapatchee (Alligator creek) above that point
known as the Devil's Elbow.
8. To amend section 3, Chapter 9055, Laws of Florida, Acts
of 1921, as follows:
Section 3. BOUNDARIES: The boundaries within which
shall be included the terrYtory of the said City of Punta
Gorda shall be as follows: Beginning at the center of the&
channel of Charlotte harbor, at its intersection with the
westerly line, produced, of Maud street as shown on the
original plat of the Town of Trabue (now Punta Gorda) and
running southeasterly with said line, to and through said
plat to its intersection with Henry street, thence east along
the south line of Henry street to its intersection with John
street (being U. S. Highway No. 41) thence along the west
line of John street to the south line of Section 7, Twp. 41 S
Range 23 E, thence east to the southeast corner of Section
7, Township 41 S Range 23E, thence north to the center of
the channel of Charlotte harbor, thence southwesterly with
the center of said channel to the place of beginning."
LEO WOTITZKY,
Representative Charlotte County.
AFFIDAVIT OF PUBLICATION
STATE OF FLORIDA,
COUNTY OF CHARLOTTE.
BEFORE ME this day personally appeared A. C. Jordan to
me well known, who, under oath, deposes and says:
That he is co-editor of THE PUNTA GORDA HERALD, a
newspaper of general circulation published weekly in the City
of Punta Gorda, County of Charlotte and State of Florida;
that said newspaper has been published continuously, and
entered in the mails as second class matter, each for a period
of more than one year next preceding the date of the first
publication therein of the notice, re a law to authorize, em-
power and direct the Clerk of Circuit Court of Charlotte
County, Florida to cancel and surrender to the Board of
Public Instruction of Charlotte County, Florida all Charlotte
County School BondS, etc., and in re other special laws, a
copy of which said notice, order publication and/or adver-
tisement it attached hereto; and that same was published in
said newspaper once to-wit: in the issues of said newspaper
published on March 2nd, A. D. 1939.
A. C. JORDAN.
Sworn to and subscribed before me this 7th day of April,
A. D. 1939.
(Seal)
RUTH PERKINS,

Notary Public State of Florida at Large.
My commission expires March 19th, 1943.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSI

And the House of Representatives thereupon determined
that the evidence that said bill has been published in com-
pliance with Section 21 of Article III, as amended, of the
Constitution has been established in this Legislature.
And the bill was placed on the Calendar of Local Bills on
second reading.
By Mr. Beasley of Walton-
House Bill No. 291:
A bill to be entitled An Act requiring the by-laws of any
association or corporation issuing policies of insurance in the
State of Florida to be set forth in such policies, under certain
conditions.
Which was read the first time by its title and referred to
the Committee on Insurance.
By Messrs. Beasley of Walton and West of Santa Rosa-
House Bill No. 292:
A bill to be entitled An Act to repeal Chapter 15885, Laws
of Florida, Acts of 1933, and Chapter 16802, Laws of
Florida, Acts of 1935, relating to Benevolent Mutual Bene-
fit Associations or Societies, and providing for the winding
up of the affairs of such associations or societies.
Which was read the first time by its title and referred to
the Committee on Insurance.
By Mr. Outman of Pinellas-
House Bill No. 293:
A bill to be entitled An Act relating to the enforcement of
delinquent State and County taxes or State owned tax cer-
tificates and interest and penalties thereon against certain
lands; providing a supplemental, additional and alternative
method of enforcing such tax liens and interest and penal-
ties thereon by a suit in chancery in the nature of a pro-
ceeding in rem against the lands upon which such taxes are
delinquent: and prescribing the practice, pleading and pro-
cedure in such suits, and authorizing the costs and fees
therein.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Mr. Outman of Pinellas-
House Bill No. 294:
A bill to be entitled An Act requiring the holder of evi-
dences of indebtedness or claims for interest thereon which
constitute an obligation of any county, city, town, school dis-
trict, bridge district, road district, drainage district, or other
taxing unit or political subdivision of the State of Florida,
to first obtain a final judgment at law in respect to such
evidence of indebtedness or claims for interest thereon before
maintaining or being entitled to maintain an action in man-
damus thereon: And repealing all laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Ange of Lafayette, Allen and Boatwright of Su-
wannee, Lewis of Levy, Fearnside of Putnam, Dukes of Union,
Peeples of Glades and Wotitzky of Charlotte-
House Bill No. 295:
A bill to be entitled An Act making it unlawful for any per-
son, firm or corporation to add any amount to the cash pur-
chase price of any goods, wares or merchandise of any kind
or character sold pursuant to a contract or plan whereby the
title to same is retained or a chattel mortgage given to secure
the unpaid amount of said purchase price, without furnishing
an itemized statement to the purchaser clearly showing what
charge or charges is being made, in addition to the purchase
price, and further providing that it shall be unlawful for any
person, firm or corporation displaying or offering for sale any
goods, wares or merchandise of any kind or character whereby
same may be sold upon partial payments unless affixing thereto
a price tag showing the cash price, and the price for same
upon installments, and to furnish the purchaser with such
tag which shall be competent evidence of the terms of said
sale in any court; providing further that upon the sale being
made of any goods, wares or merchandise whereby the title
to same is retained or chattel mortgage given, there shall
either be in the contract or it shall be read into the contract,

a provision permitting the purchaser or the mortgagor as the
case may be, to pay the balance due less that part thereof
representing unearned interest or other charges and shall fur-
nish the purchaser or mortgagor with a'n itemized statement
of same; providing further that nothing in this Act shall be

April 13, 1939

ber 27, commonly known as Tamiami Trail; in order to pro-
vide greater protection for the public travelling along the
Tamiami Trail and to clarify the present law relating to hunt-
ing and discharging of firearms along said road.
Which was read the first time by its title and referred to the
Committee on Conservation.

OF REPRESENTATIVES 81

construed so as to permit the charge of a greater rate of in-
terest than that now allowed by law; and providing further
that any contract that does not comply with Section 1 shall
be utterly void and unenforceable and to provide for a pen-
alty for the violation of this Act.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Cooley and Robinson of Lake, Burks of Pasco
-and Sheldon of Hillsborough.
House Bill No. 296:
A bill to be entitled An Act to amend Section 6, Chapter
18011 of the Laws of Florida, Acts of 1937, the same being
"An Act relating to license taxes, repealing Chapter 14491,
and Chapter 14528, Laws of Florida, Acts of 1929; repealing
parts of Chapter 2 of Title VI, of Division 1 of the Revised
General Statutes of Florida, of 1920; repealing Chapter 16801
and Chapter 17167, Laws of Florida, Acts of 1935; imposing
certain license taxes and providing for the payment and col-
lection thereof, and providing that license taxes shall be a
lien on the property of the person liable therefore, under cer-
tain circumstances.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Messrs. Cooley and Robinson of Lake-
House Bill No. 297:
A bill to be entitled An Act to repeal Chapter 16848 of the
Laws of Florida, Acts of 1935 the same being entitled: "An
Act to provide for the relief of the public free school of the
State of Florida by raising revenue for the County School
SFund by levying and imposing a tax upon the privilege of op-
erating a store or stores within this state, to classify such
,stores for the purpose of such taxation and of graduating the
tax in accordance with the number of stores operated under
a single ownership, management or control, to declare the
public policy on which this Act is founded; to provide for the
administration and enforcement of this Act and for the pro-
mulgation and enforcement of rules and regulations to fa-
cilitate such enforcement; to provide for the creation and en-
forcement of a lien upon the property of persons liable for
the payment of such tax; to provide penalties for the viola-
tion of this Act and of rules or regulations lawfully made
under the authority hereof; to repeal conflicting laws, ex-
pressly but on condition including Chapter 16071, Laws of
Florida, Acts of 1935; and to appropriate the revenues derived
hereunder"; to provide, however, that the repeal of this Act
shall not effect a revival of Chapter 16071 of the Laws of
Florida 1933.
Which was read the first time by its title and referred to
the Committees on Judiciary "A" and Finance & Taxation.
By Mr. Harrell of Duval-
House Bill No. 298:
A bill to be entitled An Act for the relief of John P. Shaw,
on account of personal injuries received by him while confined
in the Florida State Hospital at Chattahoochee, Florida,
through contact with a steam pipe negligently left exposed in
said hospital, by payment in the sum of five thousand dollars.
Which was read the first time by its title and referred to the
Committee on Claims.
By Mr. Lewis of Gulf-
House Bill No. 299:
A bill to be entitled An Act to authorize the Comptroller of
the State of Florida to refund to H. C. Lister of Gulf County,
Florida, the sum of $74.46 taxes erroneously paid on the west
one-half (W1/2) of west one-half (W/2) section fourteen (14),
township six (6) south, range nine (9) west, for the years
1893, 1910, 1911, 1912, and making appropriation therefore.
Which as read the first time by its title and referred to the
Committee on Claims.
By Messrs. Lehman of Seminole and Simpson of Jefferson-
House Bill No. 300:
A bill to be entitled An Act to Amend Section 3 of Chapter
16249, Laws of Florida, Acts of 1933, Relating to Hunting and
Discharging of Firearms within half mile of State Road Num-

82 JOURNAL OF THE HOUSE

By Messrs. Marchant, Martin and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 301:
A bill to be entitled An Act to define farm vehicles and farm
trailers operated in connection therewith; to provide that such
farm vehicles and farm trailers shall be exempt from the re-
quirement of registration and the purchase of tags under the
Motor Vehicle Laws of this State, when such farm vehicles
and/or trailers are operated on farms, groves and orchards
and in going to or from headquarters to such farms, groves
and orchards.
Which was read the first time by its title and referred to the
Committees on Motor Vehicles & Carriers and Citrus Fruits.
By Messrs. Alien and Boatwright of Suwannee-
House Bill No. 302:
A bill to be entitled An Act relating to and prohibiting the
use of auxiliary fuel tanks on motor vehicles operated on the
highways of this state: Providing for certain exceptions here-
in: Providing penalties for the violation of this Act: And
repealing all laws or parts of laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Motor Vehicles & Carriers.
By Mr. Whitehurst of Highlands-
House Bill No. 303:
A bill to be entitled An Act to prohibit the artificial color-
ing of certain Citrus fruits in the State of Florida or the
possession, sale or distribution of the same during a period
of each year and to provide a penalty for the violation of
the Act.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Mr. Douglas of Putnam-
House Bill No. 304:
A bill to be entitled An Act requiring all persons having
on hand prior to the commencement of the applicable closed
season any fish, crabs, shrimp, crayfish or other shell fish
to make and file a sworn statement of the quantity and
places of storage of such frozen stock with the State Board
of Conservation, and regulating the commercial handling and
sale of such frozen stock during their applicable respective
closed seasons and providing a punishment for failure to com-
ply with said regulations.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. Marchant of Polk-
House Bill No. 305:
A bill to be entitled An Act to provide that neither the
Governor, Secretary of State, Comptroller, Treasurer, Super-
intendent of Public Instruction nor Commissioner of Agri-
culture shall employ any attorney at law or legal assistance;
providing for liability upon their bonds in the event of such
employment and to provide that the Attorney General shall
bring suit on behalf of the State of Florida in such event;
and providing further that the several State Attorneys shall
represent any of said officers upon request of the Attorney
General without additional compensation.
Which was read the first time by its title and referred to
the Committee on Judiciary "A".
By Messrs. Jenkins of Alachua, Malone and Holsberry of
Escambia, Harrell of Duval, Johnson of Hernando, Beasley of
Walton, Robinson of Lake, Sheldon of Hillsborough, Hodges
of Orange, Martin, Marchant and Sinclair of Polk, Finch of
Jackson, Morrow of Palm Beach, Lanier of Madison, Drum-
mond of Holmes, Collins and Moore of Leon, Stokes of Bay,
Crary of Martin, Platt of Collier, Ray of Manatee, Leaird and
Burwell of Broward, Versaggi of St. Johns, Butt of Brevard,
Cook of Flagler, Farabee of Hardee, Adams of Calhoun, West
of St. Rosa, Holt of Dade, and Shave of Nassau-
House Bill No. 306:

A bill to be entitled An Act to provide for the revision, com-
pilation and consolidation and the printing and distribution
of the General Statutes of Florida of a permanent nature by
the Attorney General of Florida; to provide for the annotation
thereof; to direct the Attorney General to make research of
Legislature matters and to aid in drafting proposed legislation
at the request of members of the Legislature; to authorize
the Attorney General to employ skilled assistants for the pur-
pose of performing the duties imposed upon him by this Act;

1

A bill to be entitled An Act to provide for, regulate, and
control, the artificial coloring of certain citrus fruits by the
addition of artificial color to the peel thereof, and fixing pen-
alties for the violation thereof.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.

: OF REPRESENTATIVES April 13, 1939

and to appropriate sufficient funds to pay the cost of prepar-
ing said revision, compilation and consolidation of the stat-
utes, and the annotation thereof, and the cost of the perfor-
mance of the other duties delegated to the Attorney General,
and for the printing and binding of the preliminary edition
and the permanent edition of said statutes.
Which was read the first time by its title and referred to
the Committees on Judiciary "A" and Appropriations.
By Messrs. Jenkins and Harris of Alachua-
House Bill No. 307:
A bill to be entitled An Act granting and providing for the
payment of compensation to James S. Dunning for injuries
received while in the performance of his duties for the State
of Florida.
Which was read the first time by its title and referred to
the Committee on Claims.
By Messrs. Marchant, Martin and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 308:
A bill to be entitled An Act to prohibit the sale or offering
for sale, the transportation, and the preparation, receipt or
delivery for transportation or market of any citrus fruit that
is immature or otherwise unfit for human consumption; to
provide for the enforcement thereof; and to provide penal-
ties for the violation thereof.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Marchant, Martin and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 309:
A bill to be entitled An Act prescribing measurements and
contents of standard field boxes to be used in the purchase,
sale or handling of oranges, grapefruit and tangerines; and
providing penalties for violations of the provisions of this Act.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Marchant, Martain and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 310:
A bill to be entitled An Act to prohibit the canning in the
State of Florida of citrus fruit that is unwholesome or de-
composed so that it is unfit for canning purposes; and pro-
viding the powers and duties of the Florida Citrus Commis-
sion with reference thereto; providing for the enforcement
of this Act and penalties for the violation thereof.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Marchant, Martin and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 311:
A bill to be entitled An Act relating to the purchase, han-
dling, sale and accounting of sales of citrus fruit grown in
the State of Florida; to prevent fraud and deception therein;
to provide for the licensing and bonding of citrus fruit deal-
ers; to prescribe certain powers and duties of the Citrus Com-
mission and the Commissioner of Agriculture of the State of
Florida in the administration and enforcement of this Act;
and to prescribe penalties for the violations of the provisions
of this Act.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Marchant, Martin and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and
McCarty of St. Lucie-
House Bill No. 312:

JOURNAL OF THE HOUSE

By Messrs. Marchant, Martin and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 313:
A bill to be entitled An Act to prohibit canning of any citrus
fruit that is immature or otherwise unfit for canning pur-
poses; to provide for the enforcement thereof; and to provide
penalties for the violation thereof.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Marchant, Martin and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 314:
A bill to be entitled An Act to provide for, regulate and con-
trol, the use of soaps, oils, waxes, gases, gas forming materials,
and other similar compositions and the component parts
thereof, on or in the processing of citrus fruits, and fixing
penalties for the violation thereof.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Mr. Becton of Wakulla-
House Bill No. 315:
A bill to be entitled An Act to amend Section 8, of Chapter
15659, Laws of Florida, A. D. 1931, relating to the taxation,
levying, imposing and distribution of an excise tax on gasoline
and other like products of petroleum in addition to other taxes
thereon; and which amendment provides certain sums therein
mentioned as being available only in the construction of roads
being a part of the first, second and third preferential system
of state roads, may be used in the construction of any desig-
nated state road in said county at the time of the passage of
this Act.
Which was read the first time by its title and referred to
the Committees on Finance & Taxation and Public Roads &
Highways.
By Messrs. Becton of Wakulla and Warren of Duval-
House Bill No. 316:
A bill to be entitled An Act for the relief of Francis Davis,
widow, and Marilyn Davis and Hazel Davis, orphan children
of Fred H. Davis, deceased, and providing appropriation to
compensate them for the death of their husband and father
respectively.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. Jenkins of Alachua-
House Bill No. 317:
A bill to be entitled An Act to provide for the reimbursement
of the estate of R. Frank Long, deceased, former Tax Collector
of Alachua County, Florida, by reason of over payment to the
State of Florida by the R. Frank Long, deceased, while he was
Tax Collector of Alachua County, Florida, and making an
appropriation therefore.
Which was read the first time by its title and referred to
the Committee on Claims.
By Mr. Dishong of Desoto-
House Bill No. 318:
A bill to be entitled An Act to amend Section Seven and
Eight of Chapter 15659, Acts of 1931, Laws of Florida and to
provide for the payment of interest on certain money to be,
and which has been, refunded certain counties in the State
of Florida, said Act relating to taxation, levying and imposing
an excise tax on gasoline and other like products of petroleum
in addition to other taxes thereon; levying and imposing a
license tax on every dealer in gasoline or any other like pro-
duct of petroleum; providing for the report of sale of such
commodities, and the collection and payment of such taxes;
creating special funds for the reception of such taxes; pro-
viding the purposes of such taxes, and for the deposit, ap-
propriation and disposition of the proceeds derived from such
taxes, and prescribing the duties of certain officials with ref-
erence thereto, and declaring certain roads to have been and
to be built for State purposes and as being State undertak-
ings; repealing Chapter 14575, Laws of Florida, Acts of 1929,
relating to the subject of gasoline taxes and raising special
revenue for educational purposes, and all laws in conflict with
said Act; providing for the enforcement of said Act and
penalties for violation thereof.

Which was read the first time by its title and referred to
the Committee on Finance & Taxation.

April 13, 1939

sity of Miami at Coral Gables, Dade County, Florida, three
copies of each of the said official publications for the public
use and benefit of the general public of the State of Florida;
and constituting, appointing and declaring each and every
of the said libraries to be a public depository of the official
publications of the legislative, administrative, judicial and
executive departments, commissions, bureaus and boards of

OF REPRESENTATIVES 83

By Mr. Dishong of DeSoto-
House Bill No. 319:
A bill to be entitled An Act relating to the transfer of school
children from one district to another in the same county.
Which was read the first time by its title and referred to
the Committee on Education "B".
By Mr. Getzen of Sumter-
House Bill No. 320:
A bill to be entitled An Act providing for the payment of
pensions to widows of Confederate War Veterans who married
said veterans on or before January 1, 1930, and to repeal all
laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on State Pensions.
By Mr. Getzen of Sumter-
House Bill No. 321:
A bill to be entitled An Act to prohibit the hunting of game
in the State of Florida on Sunday and fixing the punishment
therefore, and to repeal all laws in conflict herewith.
Which was read the first time by its title and referred to
the Committee on Conservation.
By Mr. Getzen of Sumter-
House Bill No. 322:
A bill to be entitled An Act requiring all non-residents of
the State of Florida sending children to the public schools
of the State of Florida to pay a certain sum of money there-
for and defining who is a non-resident; providing for the
collection of said money and of the deposit thereof; and of
the filing of reports in connection therewith; and providing
for the punishment for the failure to comply with this Act.
Which was read the first time by its title and referred to
the Committee on Education "A".
By Mr. Overstreet of Dade-
House Bill No. 323:
A bill to be entitled An Act to amend Sections 4, 17, 18, 22 and
23 of Chapter 16800, Laws of Florida, Acts of 1935, the same
being an Act entitled "An Act defining the practice of beauty
culture and requiring a license or certificate of registration as
a condition precedent to any person practicing beauty culture
as hair dresser, cosmetologist, manicurist and pedicurist or
acting as a junior operator beautician and prescribing the
terms and conditions upon which licenses or certificates of
registration may be issued to any person to practice beauty
culture or act as a junior operator beautician or as a hair-
dresser or cosmetologist or manicurist and pedicurist in the
State of Florida; creating the State Board of Beauty Culture
Examiners and defining and declaring its powers and duties;
regulating the practice of beauty culture or acting as a junior
operator beautician, by those licensed hereunder; regulating
the operation of beauty schools, prescribing a course of study
for such schools and the requirements for graduation there-
from; imposing certain fees upon persons applying for li-
censes, or certificates of registration to practice beauty culture,
act as a junior operator beautician or teach in beauty culture
schools in this State; and appropriating the proceeds thereof
to accomplish the purposes of this Act; and prescribing penal-
ties for the violation of the provisions of this Act and regula-
tions hereunder."
Which was read the first time by its title and referred to
the Committee on Public Health.
By Messrs. Lindsey, Holt and Overstreet of Dade, anid Gil-
lespie and Henderson of Volusia-
House Bill No. 324:
A bill to be entitled An Act directing all public officials
having charge or custody of official publications of all legis-
lative, administrative, judicial and executive departments,
.commissions, bureaus or boards of the State of Florida to
provide with and deposit into each and every, the Library of
the College of Law of the University of Florida at Gainesville,
Alachua County, Florida, the Library of the College of Law
of John B. Stetson University at DeLand, Volusia County,
Florida. and the Library of the School of Law of the Univer-

JOURNAL OF THE HOUSE

the State of Florida, and providing a method to inform the
said public depositories of the issue of any of the said offi-
cial publications not furnished to them.
Which was read the first time by its title and referred to
the Committee on Education "A".
By Messrs. Holt, Lindsey and Overstreet of Dade-
House Bill No. 325:
A bill to be entitled An Act requiring all persons owning
and managing groves and all persons engaged in the buying
and selling of fruit in the State of Florida, and their duly
authorized agents, to register their names and addresses and
the location of their groves, if any, in a book to be kept by
the Clerk of the Circuit Court in each County in this State
where such persons may carry on and transact business, and
requiring all persons selling fruit to give a memorandum of
sale signed by the seller; to prohibit the sale of fruit by any
person save and except a duly registered owner or manager,
or duly authorized registered agent, in quantities exceeding
one bushel, and imposing a penalty for the violation of each
and every provision of this Act. Said Act also repealing all
laws in conflict herewith:.. .
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Hodges and Leedy of Orange-
House Bill No. 326:
A bill to be entitled An Act to amend an Act entitled "An
Act to provide for the incorporation of benevolent mutual
benefit associations or societies on the assessment plan or-
ganized for the purpose of benefiting and protecting members
in the case of dismemberment and to the end of benefiting
widows, orphans, heirs, devisees and estates of deceased mem-
bers thereof; providing for the method of incorporation of
such associations and the regulation and control of such as-
sociations as may be incorporated under the terms of this
Act, and requiring those associations or organizations doing
a similar business in the State of Florida to be incorporated
under the terms of this Act, and providing a penalty
for failure so to do; authorizing the State Treasurer to ex-
amine into the solvency and operation of such asso-
ciation incorporated or reincorporated under the terms of
this Act; providing for a valuation of certificates and
providing for a reserve fund, providing for the payment
of all benefits in cash only; providing for general State su-
pervision and control of benevolent mutual benefit associa-
tions or societies that may be hereafter operated in the State
of Florida, subject to the terms of this Act, on the assessment
plan", being Chapter 15885, Laws of Florida, Acts of 1933, by
amending Section 5 thereof; and by repealing Section 2 of
Chapter 16802, Laws of Florida, Acts of 1935, being an amend-
ment of said Section 5 of Chapter 15885, Laws of Florida,
Acts of 1933, and repealing conflicting laws.
Which was read the first time by its title and referred to
the Committee on Insurance.
By Messrs. Leedy and Hodges of Orange-
House Bill No. 327:
A bill to be entitled An Act to designate and establish cer-
tain roads in Orange County as State roads.
Which was read the first time by its title and referred to
the Committee on Public Roads & Highways.
By Mr. Stewart of Hendry-
House Bill No. 328:
A bill to be entitled An Act to amend Section 1564 Revised
General Statutes of Florida, 1920, being Section 2409 Compiled
General Laws of Florida, 1927, relating to withdrawals of
funds from County Depository.
Which was read the first time by its title and referred tc
the Committee on Banks & Loans.
By Mr. Morrow of Palm Beach-
House Bill No. 329:
A bill to be entitled An Act designating and defining Arbor
Day i'n the State of Florida.
Which was read the first time by its title and referred to
the Committee on Forestry.
By Mr. Smith of Clay-
House Bill No. 330:
A bill to be entitled An Act to amend Section Forty-four and
Section Fifty of Chapter 13644, Laws of Florida, Acts of 1929,

entitled: "An Act relating to game, non-game birds, fresh-
water fish and fur-bearing animals; to create the Department
of Game and Fresh Water Fish and the office of State Game

OF REPRESENTATIVES April 13,1939

Commissioner; to define his duties and powers and that of his
deputies; to provide for the protection and conservation of
game, non-game birds, fresh-water fish and fur-bearing ani-
mals by prescribing the times when and means by and extent
to which they may be taken, possessed and dealt in; to license
hunters, guides, trappers and fishermen; to require persons
who engage in the business of operating hunting and fishing
boats for hire or who deal in or with fresh water fish or hides
of fur-bearing animals, to procure a license for same; to pro-
hibit the use, placing or discharge in the fresh waters of the
State of Florida substances or forces injurious to fish; to pro-
vide for the prosecution of persons violating the provisions
of this Act and a penalty and rule of evidence in such cases; to
provide for the collection of funds to carry out the provisions
of this act and for the disposition of revenues accruing there-
under; consenting to acquisition by the United States of areas
of land, water, or land and water, in accordance with Acts of
Congress of February 18, 1929; and repealing certain existing
laws and statutes; and defining certain terms used therein.",
so as to provide for an open season on, and to allow the taking
and having in possession of, ringnecked and mutent pheasants
and Chukars.
Which was read the.first time by its title and referred t(
the Committee on Conservation.
The hour of 11:15 A. M. having arrived, the House took up
House Concurrent Resolution No. 4 which was set for the
special a'nd continuing order for that hour.
SPECIAL AND CONTINUING ORDER FOR 11:15 A. M.
House Concurrent Resolution No. 4:
A Resolution urging the Civil Aeronautics Authority of the
United States to grant the application of Eastern Air Lines
for an extension of its Memphis to Tallahassee air line route
from Tallahassee to Ocala, Orlando, West Palm Beach and
Miami and return.
WHEREAS, it has come to the attention of the Legislature
that Eastern Air Lines has made application to the Civil
Aeronautics Authority of the United States Government for
permission to operate an extension of its Memphis to Talla-
hassee Air Line from Tallahassee to Ocala, Orlando, West
Palm Beach and Miami and return; and
WHEREAS, air passenger service over the proposed extend-
ed route will greatly facilitate the travel of those in Central
and South Florida who find it both necessary or desirous to
travel to and from Tallahassee, the capital of the State of
Florida, on official business with a minimum of time away
from their respective homes and places of business; and
WHEREAS, the proposed extension will render to the entire
State a much needed and desired air mail service in addition
to the passenger service aforesaid.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE
OF REPRESENTATIVES, THE SENATE CONCURRING:
Section 1. That the Civil Aeronautics Authority of the
United States Government be and it is hereby respectfully
petitioned and requested to promptly grant the pending ap-
plication of Eastern Air Lines for an extension of its Mem-
phis to Tallahassee Air Line from Tallahassee to Ocala, Or-
lando, West Palm Beach and Miami and return.
Section 2. That upon the adoption of this Resolution by both
the Senate and House of Representatives, the Clerk of the
House of Representatives shall immediately transmit certified
copies thereof to the Civil Aeronautics Authority of the United
States, the Post Office Department of the United States,
United States Senators Charles O. Andrews and Claude Pepper,
and United States Congressmen from Florida, Millard Cald-
well, Lex Green, Pat Cannon, Joe Hendrix and Hardin Peter-
son.
Was taken up.
Mr. Collins moved that House Concurrent Resolution No. 4
be indefinitely postponed.
Which was agreed to.
And it was so ordered.
MESSAGES FROM THE SENATE
The following message from the Senate was received and
read:
Senate Chamber,

Tallahassee, Florida, April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has passed-

Senate Bill No. 4:
A bill to be entitled An Act to provide for the service of
process on the directors of dissolved corporations as trustees
of such dissolved corporations.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 4 contained in the above message, was
read the first time by its title and was referred to the Com-
mittee on Judiciary "A."
And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has adopted-
Senate Concurrent Resolution No. 12:
Being a Resolution Entitled: "In Memory of Barron Gift
Collier, and his great service to the State of Florida and the
Nation."
WHEREAS, the Legislature of the State of Florida has
learned with deep regret of the death of Barron Gift Collier
on the thirteenth day of March in the year of our Lord
1939, and
WHEREAS the brightest days of his splendid life were
dominated by his limitless faith in the future of Florida and
by his optimistic courage and determination to assist in and
further the development of this the State of his adoption,
which faith and determination neither reverses nor the weight
of advancing years could daunt or prove effectual in blunting
the edge of his splendid courage, and
WHEREAS he was illustrious for his great business saga-
city and ability, which were of international renown; and
was more illustrious for the probity which characterized his
handling of the many trusts placed in him by various Na-
tions, States, Cities and Civic Organizations; but more illus-
trious still for his kindly nature which gave sincerity to all
his hospitalities, camaraderie to his eye, warmth to the pres-
sure of his hand, and caused his genius and greatness to un-
bend themselves before the playfulness of children and the
gratitude of the underprivileged of mankind, and
WHEREAS
"His life was gentle, and the elements
So mix'd in him that Nature might stand up
"And say to all the World, 'This was a Man'!"
NOW THEREFORE, BE IT RESOLVED by the Legislature
of the State of Florida, the Senate and the House of Rep-
resentatives therein concurring, do hereby record this
Memorial and expression of bereavement upon the passing
of that late great Floridian, Barron Gift Collier.
BE IT FURTHER RESOLVED, That a copy of these Reso-
lutions certified by the Secretary of State of the State of
Florida under the Great Seal of the State of Florida be im-

State of Florida and made a permanent record of this
Legislature.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Concurrent Resolution No. 12 contained in the
above message, was read the first time in full.
Mr. Platt asked unanimous consent of the House to take
up and consider Senate Concurrent Resolution No. 12.
Which was given.

Mr. Platt moved that the rules be waived and Senate Con-
current Resolution No. 12 be read the second time in full.

85

Which was agreed to by a two-thirds vote.
And Senate Concurrent Resolution No. 12 was read a sec-
ond time in full.
Mr. Platt moved that adoption of the concurrent resolution.
Which was agreed to.
And Senate Concurrent Resolution No. 12 was adopted.
And the same was ordered certified to the Senate.
And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Rep-
resentatives that the Senate has passed-
Senate Bill No. 15:
A bill to be entitled An Act relating to cross-claims in tort
actions, to prescribe the procedure in reference thereto and
the consolidation of separate actions, the effect of judgments
in causes wherein such cross-claims may or might have been
filed, and to repeal conflicting legislation.
Also
Senate Bill No. 29:
A bill to be entitled An Act relating to persons who have
been adjudged insane or found incompetent, to provide for
the service of process upon such persons and upon their
guardians ad litem, and to regulate the procedure in suits
against such persons.
And respectfully requests the concurrence of the House
therein.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And Senate Bill No. 15 contained in the above message,
was read the first time by its title and was referred to the
Committee on Judiciary "A."
And Senate Bill No. 29 contained in the above message,
was read the first time by its title and was referred to the
Committee on Judiciary "B."

And-
The following message from the Senate was received and
read:
Senate Chamber,
Tallahassee, Florida, April 12, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
I am directed by the Senate to inform the House of Rep-
representatives that the Senate has adopted-
House Concurrent Resolution No. 2:
Providing for the appointment of a committee to study the
question of trade relations between the State of Florida and
the State of Georgia; to study existing Florida laws affecting
commerce between the two states, and to recommend reciprocal
legislation, to encourage and promote free commerce between
the citizens of Florida and the citizens of Georgia in the prod-

agreements made by an unofficial committee of the Florida
Legislature with an official committee of the Georgia Legisla-
ture, pursuant to which the Georgia Legislature of 1939 has
enacted reciprocal laws.
WHEREAS, the industrial, commercial, and social interests
of the people of the State of Florida and the people of the
State of Georgia are so interdependent each upon the other
that free and unrestricted commerce between the citizens of
the two states in their respective products is essential to the
prosperity of each of such states; and
WHEREAS, because of a want of mutual understanding and
because of unintentional over-sight in the enactment of legis-
lation affectingsuch trade relationship between the two states,
each of said states has enacted laws operating to the disad-
vantage of the other so that trade barriers have arisen affect-
ing the prosperity of the people of both of the States; and

WHEREAS, such conditions having come to the attention of
the people of each of such states because of the harmful ef-

April 13, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE OF REPRESENTATIVES

- II '--I -1--Z r --- -----r -C _R.-.PIC-I-I L-L ----5

I

I

By Senator Ward

Senate Concurrent 'Resolution flo. 12

Being a Resolution Entitled: "In Memory of BARRON GIFT
COLLIER, and His Great Service to the State of Florida and the
Nation."
WHEREAS, the Legislature of the State of Florida has learn-
ed with deep regret of the death of BARRON GIFT COLLIER on
the thirteenth day of March in the year of our Lord 1939, and
WHEREAS the brightest days of his splendid life were domi-
nated by his limitless faith in the future of Florida and by his
optimistic courage and determination to assist in and further the
development of this the State of his adoption, which faith and
determination neither reverses nor the weight of advancing years
could daunt or prove effectual in blunting the edge of his splendid
courage, and
WHEREAS he was illustrious for his great business sagacity
and ability, which were of international renown; and was more
illustrious for the probity which characterized his handling of the
many trusts placed in him by various Nations, States, Cities and
Civic Organizations; but more illustrious still for his kindly nature
which gave sincerity to all his hospitalities, camaraderie to his eye,
warmth to the pressure of his hand, and caused his genius and
greatness to unbend themselves before the playfulness of children
and the gratitude of the underprivileged of mankind, and
WHEREAS
"His life was gentle, and the elements
So mix'd in him that Nature might stand up
And say to all the World, 'This was a Man'!"

NOW THEREFORE,
BE IT RESOLVED by the Legislature of the State of Florida,
the Senate and the House of Representatives therein concurring, do
hereby record this MEMORIAL and expression of bereavement
upon the passing of that late great Floridian, BARRON GIFT
COLLIER.
BE IT FURTHER RESOLVED, That a copy of these Resolu-
tions certified by the Secretary of State of the State of Florida
under the Great Seal of the State of Florida be immediately for-
warded the bereaved family of BARRON GIFT COLLIER.
BE IT FURTHER RESOLVED, That a copy of these Resolu-
tions be spread upon a page of the Journal of the House of Repre-
sentatives and the Journal of the Senate of the State of Florida
and made a permanent record of this Legislature.

U

I II I a. i I ii ii CICPI -- I Ils I

86

April 13, 1939

JOURNAL OF THE HOUSE

fects of such legislation, the President of the Florida State
Senate and the Speaker Designate of the Florida House of Rep-
resentatives for 1939, unofficially appointed a legislative com-
mittee to discuss with a like legislative committee officially ap-
pointed by the President of the Senate and the Speaker of the
House of Representatives of Georgia, then in session, to discuss
reciprocal laws between the two states, to encourage and pro-
mote better trade relations between the two states, and the
prosperity of the citizens of each of such states; and such dis-
cussions between the legislative committees of the two states
were held at Atlanta, Georgia, and resulted in the enactment by
the Georgia Legislature of all reciprocal measures requested by
the Florida unofficial legislative committee, but which laws
were so enacted subject to the action of the Florida Legislature
in carrying out the proposed agreements for the enactment by
that body of similar reciprocal legislation; and
WHEREAS, this desirable result was accomplished by reason
of the interest and cooperation of Honorable G. Pierce Wood,
Speaker Designate of this House of Representatives, who
headed the said Florida unofficial legislative committee, and
Honorable Stuart Gillis, then President of the Florida Senate,
and Honorable 3. Turner Butler, then President Designate of
the Florida Senate for 1939, and it is incumbent upon the Flor-
ida Legislature at this session to make effective the results of
the work of the said committees;
NOW THEREFORE,
BE IT RESOLVED BY THE HOUSE OF REPRESENTA-
TIVES, THE SENATE CONCURRING:
1. That a special committee to be composed of not less than
three and not more than five members of the House of Repre-
sentatives be appointed by the Speaker of the House of Repre-
sentatives, and of not less than three and not more than five
members of the Senate be appointed by the President of the
Senate, to make a study of all existing laws affecting trade be-
tween the State of Georgia and the State of Florida, and to
study the report of the unofficial committee which has con-
ferred and negotiated with the legislative committee of the
State of Georgia, and the laws of the State of Georgia affect-
ing the trade between the two states, and that such committee
be authorized, empowered, and directed to prepare and recom-
mend to this Legislature such acts as may be necessary to make
effective the tentative agreements between the unofficial Flor-
ida legislative committee and the Georgia legislative committee,
and such acts as may make effective complete industrial, com-
mercial and social reciprocity between the State of Florida and
the State of Georgia.
2. That the said committee, when so appointed, function as
a joint committee of the Senate and House of Representatives
of the State of Florida, and report to each the Senate and the
House, from time to time, its findings and recommendations
on the subjects referred to in this Resolution.
3. That the said committee be and it is authorized to invite
members of the Legislature and officials of Georgia to confer
with it upon the subject of reciprocal legislation between the
States, but that no expenses be incurred by the said committee
without express authority of the Legislature.
Very respectfully,
ROBT. W. DAVIS
Secretary of the Senate
And House Concurrent Resolution No. 2 contained in the
above message, was referred to the Committee on Enrolled
Bills.
Mr. Leedy moved that the rules be waived and that the
House do now revert to the order of introduction of House
Bills and Joint Resolutions.
Which was agreed to by a two-thirds vote.
INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS.
By Messrs. Leedy and Hodges of Orange-
House Bill No. 331:
A bill to be entitled An Act authorizing the municipalities
of the State of Florida to acquire airports, and air rights and
easements by purchase or condemnation, in connection with
the use and operation of airports and to authorize the adop-
tion and enforcement of zoning and height regulations in
connection with such airports and approaches to the same,
authorizing acquirement of easements or rights to establish

lights and markers; granting authority to cancel certain
taxes of such municipality on lands and rights acquired for
aeronautical purposes; providing the method for taking pos-

April 13, 1939

Mr. Clement moved that the rules be further waived and
Senate Bill No. 125 be read a third time in full and placed
upon its final passage.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 125 was read a third time in full.

OF REPRESENTATIVES 87

session of such lands and rights during condemnation; grant-
ing power to cooperate with other governmental agencies;
granting power to police airports and rights connected there-
with.
Which was read the first time by its title and referred to
the Committee on Cities & Towns.
By Mr. Smith of Clay-
House Bill No. 332:
A bill to be entitled An Act to amend Section 6027 Revised
General Statutes of Florida, 1920, being Section 8321, Com-
piled General Statutes of Florida, 1927, relating to the force
and effect of criminal warrants in the various counties of the
State by eliminating the requirement of endorsement by a
Judge or Justice of the Peace.
Which was read the first time by its title and referred to
the Committee on Judiciary 'C".
By Mr. Smith of Clay-
House Bill No. 333:
A bill to be entitled An Act to amend Section 250 Revised
General Statutes of Florida, 1920, being Section 306 Compiled
General Laws of Florida, 1927, the same being the law fixing
and prescribing the compensation of inspectors and clerks of
any special or general election, by including therein a pro-
vision for the payment by the Board of County Commission-
ers of the compensation of Deputy Sheriffs serving at the
polling places in any such election and validating all pay-
ments heretofore made to such Deputy Sheriffs by any Board
of County Commissioners.
Which was read the first time by its title and referred to
the Committee on Elections.
By Mr. Smith of Clay-
House Bill No. 334:
A bill to be entitled An Act repealing Section 2611, Re-
vised General Statutes of Florida, 1920, being Section 4275,
Compiled General Statutes of Florida, 1927, relating to serv-
ice or execution on Sunday of any writ, process or warrant,
order, judgment or decree.
Which was read the first time by its title and referred to
the Committee on Judiciary "C".
By Mr. Smith of Clay-
House Bill No. 335:
A bill to be entitled An Act amending Section 6122 Re-
vised General Statutes of Florida, 1920, being Section 8427
Compiled General Laws of Florida, 1927, the same being the
law providing for a ninety day fine and cost bond and for
execution thereon upon default, by adding thereto a provis-
ion for arrest upon original commitment and for the payment
of fees to sheriff.
Which was read the first time by its title and referred to
the Committee on Judiciary "C".
Mr. Leedy moved that the House do now revert to the
regular order of business.
Which was agreed to.
Mr. Clement moved that the rules be waived and the House
do now take up and consider Senate Bill No. 125 out of its
regular order.
Which was agreed to by a two-thirds vote.
And-
Senate Bill No. 125:
A bill to be entitled An Act authorizing Pinellas County,
Florida: its Board of County Commissioners to enlarge its
water supply and distribution system and prescribing the
procedure therefore and the financing thereof.
Was taken up.
Mr. Clement moved that the rules be waived and Senate
Bill No. 125 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And Senate Bill No. 125 was read a second time by its title.

RESOLUTIONS
House Concurrent Resolution No. 3:
WHEREAS, the Legislature of the State of Florida at the
1931 session passed certain legislation which is commonly re-
ferred to as the race track legislation, and
WHEREAS, it was provided in such legislation that the
taxes derived from the operation of race tracks under the
provisions of said bill should be equally divided among the
various counties of the State of Florida, and
WHEREAS, it was a common and mutual understanding
among the then members of the Legislature that no change
would be made in the distribution of such funds, and
WHEREAS, it is believed that said legislation could not have
been passed had such provision not been incorporated in said
Act, and
WHEREAS, the Counties in the State of Florida in which
no racing was contemplated were assured by representatives
of counties in which racing was contemplated that their honor
was pledged to abide by the provisions of said bill and par-
ticularly with reference to the distribution of the tax moneys
derived therefrom, and
WHEREAS, a recent attempt has been made to change such
distribution by contesting the constitutionality of the provis-
ion of said Act with reference to the distribution of said funds
and that such attack amounts to a breach of faith with the
Counties in which there is no racing and that such attack if
successful will disrupt the financial budgets and greatly ham-
per the operation of a large number of the counties of the
State,
NOW, THEREFORE, BE IT RESOLVED by the House of
Representatives, the Senate concurring, that a committee of
three members of the House of Representatives and three
members of the Senate be appointed by the Speaker of the
House and President of the Senate, respectively, to form a
joint committee for the purpose of solving the problem pre-
cipitated by the attack made on the distribution of the funds
hereinabove referred to and to determine the source, cause
and reason for the institution of the pending litigation and
that such committee make such recommendations to the Leg-
islature of the State of Florida with reference to race track
legislation as it may deem proper.
"Was taken up.
Mr. Harrell of Hamilton moved that IHouse Concurrent
Resolution No. 3 be indefinitely postponed.
Which was agreed to.
And it was so ordered.
HOUSE BILLS OF GENERAL NATURE ON SECOND
READING
House Bill No. 35-
A bill to be entitled An Act to prescribe a method by which
any person formerly a non-resident who has become a resi-
dent and citizen of the State of Florida and has adopted a
place of domicile in this state may establish record evidence
of the fact of such change of residence, citizenship and place
of domicile; prescribing the duties of the Attorney General of
the State of Florida and of the clerks of the circuit courts of

several counties of the State of Florida in connection there-
with and fixing fees to be charged by such clerks; and prescrib-

April 13, 1939

ing a method for revoking such change of residence, citizenship
and place of domicile.
Was taken up.
Mr. Christie moved that the rules be waived and House Bill
No. 35 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 35 was read a second time by its title
only.
Mr. Christie moved that the rules be further waived and
House Bill No. 35 be read a third time in full and placed upon
its final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 35 was read a third time in full.
Upon call of the roll on the passage of House Bill No. 35
the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Bur-
well, Butt, Christie, Clement, Collins, Cooley, Cook, Crary,
Dekle, Dishong, Douglas, Drummond, Dukes, Farabee, Fearn-
side, Fincl, Folks, Frank, Fraser, Fuller, Getzen, Gillespie,
Griner, Harrell (Duval), Harrell (Hamilton), Harrell (Indian
River), Harris, Henderson, Hodges, Holsberry, Holt, Howze,
Inman, Jenkins, Johnson (Gadsden), Johnson (Hernando),
Lanier, Leaird, Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis
(Levy), Lindsey, Malone, Marchant, Martin (Hillsborough),
Martin (Polk), Moore, Morrow, McCall, McCarty, McLeod,
Niblack, Outman, Overstreet, Papy, Peeples, Pickels, Platt, Ray,
Robinson, Scales, Scofield, Shave, Sheldon, Sikes, Simpson,
Sinclair, Slappey, Smith, Stewart, Stokes, Strayhorn, Sudduth,
Surrency, Tomasello, Turner, Versaggi, Warren, West, White-
hurst, Wotitzky-95.
Nays-None.
So House Bill No. 35 passed, title as stated.
And the same was ordered certified to the Senate.
And-
House Bill No. 104:
A bill to be entitled An Act fixing the salaries of the Jus-
tices of the Supreme Court, making appropriation to pay the
same, and repealing conflicting laws.
Was taken up.
Mr. Dekle moved that House Bill No. 104 be made a special
and continuing order of business for 12:00 o'clock noon April
26, 1939.
Which was agreed to.
And it was so ordered.
And
House Bill No. 226:
A bill to be entitled An Act providing for the voluntary
resignation and retirement of Circuit Judges under certain
conditions; establishing a fund to be known as "The Circuit
Judges Retirement Fund," and providing for contribution
thereto by Circuit Judges under certain conditions; providing
for the pay of such retired Circuit Judges; making appropria-
tions to carry out the provisions of this act; and prohibiting
such retired Circuit Judges from practicing law.
Was taken up.
Mr. Dekle moved that House Bill No. 226 be made a special
and continuing order of business for 12:00 o'clock noon April
19, 1939.
Which was agreed to.
And it was so ordered.
And--
House Bill No. 259:
A bill to be entitled An Act amending Section 5 of Chapter
18011 of the Laws of Florida, Acts of 1937, entitled "An Act
relating to license taxes, repealing Chapter 14491, and Chap-
ter 14528, Laws of Florida, Acts of 1929; repealing parts of
Chapter 2 of Title VI, of Division 1 of the Revised General
Statutes of Florida, of 1920; repealing Chapter 16801 and
Chapter 17167, Laws of Florida, Acts of 1935; imposing certain
license taxes and providing for the payment and collection
'thereof, and providing that license taxes shall be a ]ien on
the property of the person liable therefore, under certain cir-
cumstances."

Was taken up and without objection the bill was informally
passed.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

And-
House Bill No. 260:
A bill to be entitled An Act to provide that Cities and Vil-
lages owning, maintaining or operating certain services or
facilities may make provision for the collection of reasonable
charges from the users of such services or facilities.
Was taken up.
Mr. Clement moved that the rules be waived and House Bill
No. 260 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 260 was read a second time by its title.
Mr. Clement moved that the rules be further waived and
House Bill No. 260 be read a third time in full and placed upon
its final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 260 was read a third time in full.
Upon call of the roll upon the passage of House Bill No. 260
the vote was:
Yeas-Mr. Speaker; Adams, Allen, Ange, Ayers, Beck, Berry,
Boatwright, Burks, Bruns, Burwell, Butt, Christie, Clement,
Collins, Cooley, Cook, Crary, Dekle, Dishong, Douglas, Drum-
mond, Dukes, Farabee, Fearnside, Folks, Frank, Fraser, Fuller,
Getzen, Gillespie, Harrell (Duval), Harrell (Hamilton), Harrell
(Indian River), Harris, Henderson, Hodges, Holsberry, Howze,
Inman, Jenkins, Johnson (Gadsden), Johnson, (Hernando),
Lanier, Leaird, Lehman, Leonardy, Lewis (Gulf), Lewis (Levy),
Malone, Marchant, Martin (Polk), Moore, Morrow, McCall,
McCarty, McLeod, Niblack, Outman, Overstreet, Papy, Peeples,
Pickels, Platt, Ray, Robinson, Scales, Scofield, Shave, Sheldon,
Sikes, Simpson, Sinclair, Slappey, Smith, Stewart, Stokes,
Strayhorn, Sudduth, Surrency, Tomasello, Turner, Versaggi,
Warren, West, Wotitzky-86.
Nays-Messrs. Beasley, B1ecton, Finch, Martin (Hillsbor-
ough) Whitehurst-5.
So House Bill No. 260 passed, title as stated.
And the same was ordered certified to the Senate.

And-
House Bill No. 17:
A bill to be entitled An Act to provide for the retirement
of time warrants, bonds, and other delinquent obligations of
special tax school districts in counties having a population of
between eleven thousand six hundred and eleven thousand
seven hundred.
Was taken up.
Mr. Sikes moved that the rules be waived and House Bill
No. 17 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 17 was read a second time by its title.
Mr. Sikes moved that the rules be further waived and House
Bill No. 17 be read a third time in full and placed upon its
final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 17 was read a third time in full.
Upon call of the roll on the passage of House Bill No. 17
the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Bur-
well, Butt, Christie, Clement, Collins, Cooley, Cook, Crary,
Dekle, Dishong, Douglas, Drummond, Dukes, Farabee, Fearn-
side, Finch, Folks, Frank, Fraser, Fuller, Getzen, Gillespie,
Griner, Harrell (Duval), Harrell (Hamilton), Harrell (Indian

April 13, 1939

OF REPRESENTATIVES 89

River), Harris, Henderson, Hodges, Holsberry, Holt, Howze,
Inman, Jenkins, Johnson (Gadsden), Johnson (Hernando),
Lanier, Leaird, Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis
(Levy), Lindsey, Malone, Marchant, Martin (Hillsborough),
Martin (Polk), Moore, Morrow, McCall, McCarty, McLeod,
Niblack, Outman, Overstreet, Papy, Peeples, Pickels, Platt, Ray,
Robinson, Scales, Scofield, Shave, Sheldon, Sikes, Simpson,
Sinclair, Slappey, Smith, Stewart, Stokes, Strayhorn, Sudduth,
Surrency, Tomasello, Turner, Versaggi, Warren, West, White-
hurst, Wotitzky-95.
Nays-None.
So House Bill No. 17 passed, title as stated.
And the same was ordered certified to the Senate.
And-
House Bill No. 18:
A bill to be entitled An Act to provide for the acceptance
of delinquent obligations of special tax school districts in
counties having a population of not less than eleven thousand
six hundred and not more than eleven thousand seven hun-
dred in payment of taxes.
Was taken up.
Mr. Sikes moved that the rules be waived and House Bill
No. 18 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 18 was read a second time by its title.
Mr. Sikes moved that the rules be further waived and House
Bill No. 18 be read a third time in full and placed upon its
final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 18 was read a third time in full.
Upon the call of the roll upon the passage of House Bill No.
18 the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Burks, Bruns, Bur-
well, Butt, Christie, Clement, Collins, Cooley, Cook, Crary,
Dekle, Dishong, Douglas, Drummond, Dukes, Farabee, Fearn-
side, Finch, Folks, Frank, Fraser, Fuller, Getzen, Gillespie,
Griner, Harrell (Duval), Harrell (Hamilton), Harrell (Indian
River), Harris, Henderson, Hodges, Holsberry, Holt, Howze,
Inman, Jenkins, Johnson (Gadsden), Johnson (Hernando),
Lanier, Leaird, Leedy, Lehman, Leonardy, Lewis (Gulf), Lewis
(Levy), Lindsey, Malone, Marchant, Martin (Hillsborough),
Martin (Polk), Moore, Morrow, McCall, McCarty, McLeod,
Niblack, Outman, Overstreet, Papy, Peeples, Pickels, Platt, Ray,
Robinson, Scales, Scofield, Shave, Sheldon, Sikes, Simpson,
Sinclair, Slappey, Smith, Stewart, Stokes, Strayhorn, Sudduth,
Surrency, Tomasello, Turner, Versaggi, Warren, West, White-
hurst, Wotitzky-95.
Nays-None.
So House Bill No. 18 passed, title as stated.
And the same was ordered certified to the Senate.
And-
House Bill No. 48:
A bill to be entitled An Act relating to general elections held
in the State of Florida, providing for the preparation and
form of ballot to be used in connection therewith, authorizing
the voting of a straight party ticket, providing for the voting
on approval or ratification of constitutional amendments or
other questions legally submitted in the general election, pro-
viding for the number of ballot to be furnished for the conduct
of such general elections for each voting precinct, and repeal-
ing Sections 317, 318, 320, 321, 322 and 323, Compiled General
Laws of Florida, 1927, being Sections 261, 262, 264, 265, 266 and
267, respectively, Revised General Statutes, 1920.
Was taken up.
Mr. Outman moved that the rules be waived and House
Bill No. 48 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 48 was read a second time by its title.

JOURNAL OF THE HOUSE OF REPRESENTATIVES

April 13, 1939

Mr. Outman of Pinellas, offered the following amendment to House Bill No. 48:
Strike out all of page 4 and insert the following:
S4

OFFICIAL BALLOT
.................................. ........................ oun ty
General Election, A. D. 19............
Precinct N o....................................
If you desire to vote a straight ticket make a cross (X) in the circle at the top of the list bearing the designa-
tion of your political party. If you do not vote a straight ticket please place a cross (X) in the square'at the left
of the name of the candidate of your choice.

For a straight ticket make a cross (X) within this circle.
(Name of
................................................................... p political
party.)
For Governor:

William Jones

For Representative in the Legislature:
Vote for one (or more as the case may be).

Mr. Outman moved the adoption of the amendment.
Which was agreed to.
And the amendment was adopted.
Mr. Martin of Hillsborough moved that the House do now
reconsider the vote by which House Bill No. 48 was amended.
Which was agreed to.
And the vote by which House Bill No. 48 was amended was
reconsidered.
Mr. Martin of Hillsborough moved that the House do now
reconsider the vote by which the rules were waived and House
Bill No. 48 was read a second time by its title only.
Which was agreed to.
The vote was reconsidered and House Bill No. 48 was placed
back on second reading.
Mr. Cooley moved that the rules be waived and the House
do now revert to the order of introduction of House Bills and
Joint Resolutions.
Which was agreed to by a two-thirds vote.
And it was so ordered.

For a straight ticket make a cross (X) within this circle.
I (Name of
................................................................................................................................ p political
party.)
For Governor:

John Smith

For Representative in the Legislature:
Vote for one (or more as the case may be).

INTRODUCTION OF HOUSE BILLS AND JOINT
RESOLUTIONS
By Messrs. Cooley and Robinson of Lake-
House Bill No. 336:
A bill to be entitled An Act relating to citrus fruit, and
regulating and prohibiting, upon certain conditions, the
shipment of all citrus fruit, that will grade number three,
when United States standard for citrus fruit, promulgated
by the United States Department of Agriculture, Bureau of
Agricultural Economics, is applied, and providing means for
enforcement of such act, and penalty for violation thereof.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Cooley and Robinson of Lake-
House Bill No. 337:
A bill to be entitled An Act to amend Section 16 of Chap-
ter 16854, Laws of Florida, Acts of 1935, entitled, "An Act to
stabilize and protect the citrus industry of the State of Flor-
ida and to promote the general welfare of such industry and

of the State of Florida; to create a State Citrus Commission
of the State of Florida to be known as 'Florida Citrus Com-
mission'; to provide for the appointment and payment of
expenses of the members of such Commission and to pre-
scribe the powers, duties and functions of such commission
and the qualifications and terms of office of members there-
of; to create seven citrus districts to be numbered one to
seven; to provide for the adoption by said Commission of
rules, regulations and orders necessary and proper for an ef-
fective administration and enforcement of this Act; to pro-
tect and enhance the reputation of Florida citrus fruit in do-
mestic and foreign markets; to regulate the inspection, grad-
ing and marking of citrus fruit; to prohibit the shipping of
citrus fruit in violation of this Act; to prescribe the powers
and duties of the Commissioner of Agriculture of the State
of Florida in the enforcement of this Act; to provide for ju-
dicial review of protests made in connection with any rules,
regulations or orders adopted pursuant to this Act; to pro-
vide for the levy and collection of assessments and the dis-
bursement thereof; to provide for inspection and inspection
services, and to provide penalties for violations of the pro-
visions of this Act and any rule, regulation or order promul-
gated thereunder.", as amended by Chapter 17775, Laws of
Florida, Acts of 1937, entitled, "An Act to amend Sections
16, 21, 23 and 25 of Chapter 16854, Laws of Florida, Acts of
1935, entitled 'An Act to stabilize and protect the citrus in-
dustry of the State of Florida and to promote the general
welfare of such industry and of the State of Florida; to cre-
ate a State Citrus Commission of the State of Florida to be
known as 'Florida Citrus Commission'; to provide for the ap-
pointment and payment o n of expenses of the members of such
commission and to prescribe the powers, duties and functions
of such commission and the qualifications and terms of of-
fice of members thereof; to create seven citrus districts to be
numbered one to seven; to provide for the adoption by said
Commission of rules, regulations and orders necessary and
proper for an effective administration and enforcement of
this Act; to protect and enhance the reputation of Florida
citrus fruit in domestic and foreign markets; to regulate the
inspection, grading and marking of citrus fruit; to prohibit
the shipping of citrus fruit in violation of this Act; to pre-
scribe the powers and duties of the Commissioner of Agricul-
ture of the State of Florida in the enforcement of this Act;
to provide for judicial review of protests made in connection
with any rules, regulations or orders adopted pursuant to this
Act; to provide for the levy and collection of assessments and
the disbursement thereof; to provide for inspection and in-
spection services; and to provide penalties for violations of
the provisions of this Act and any rule, regulation or order
promulgated thereunder.' "
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Martin, Marchant and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 338:
A bill to be entitled An Act relating to citrus fruit dam-
aged by freezing; providing for the determination of the ex-
tent of damage occurring to citrus fruit from freezing tem-
peratures; prescribing conditions under which citrus fruit
damaged by freezing shall be deemed unfit for human con-
sumption; providing for issuance of rules and regulations by
the Florida Citrus Commission under the provisions of this
Act; providing for an embargo on citrus fruit under certain
conditions; and providing penalties for violation of the pro-
visions of this Act.
Which was read the first time by its title and referred to
the Committee on Citrus Fruits.
By Messrs. Martin, Marchant and Sinclair of Polk, Cooley
and Robinson of Lake, Hodges and Leedy of Orange, and Mc-
Carty of St. Lucie-
House Bill No. 339:
A bill to be entitled An Act providing for and prescribing
certain additional powers, duties, and authority of the Florida
Citrus Commission; providing for the application of other
provisions of law to rules and regulations promulgated under
the provisions of this Act; providing the manner in which
the provisions of this Act shall be construed.

Which was read the first time by its title and referred to the
Committee on Citrus Fruits.

91

By Messrs. Cooley and Robinson of Lake; Marchant, Martin
and Sinclair of Polk; Hodges and Leedy of Orange-
House Bill No. 340:
A bill to be entitled An Act relating to the marketing, pro-
cessing, handling, and distributing of citrus fruit grown in the
State of Florida, and providing for the regulation of handlers,
processors, distributors, producers and others, and establishing
standards in relation to such regulation; providing for hearings
on and the issuance, administration and enforcement of market-
ing agreements and marketing orders in connection with the
regulation aforesaid; prescribing the powers, duties and juris-
diction of the Commissioner of Agriculture of the State of Flor-
ida in relation thereto and prescribing remedies, rights, duties
and penalties with respect to violations of this Act or any mar-
keting order promulgated thereunder and providing for assess-
ments to be levied and collected by the Commissioner of Agri-
culture of the State of Florida to pay the expenses incurred
in the formulation, issuance, administration and enforcement
of such marketing orders.
Which was read the first time by its title and referred to the
Committee on Citrus Fruits.
By Messrs. Leedy and Hodges of Orange-
House Bill No. 341:
A bill to be entitled An Act to amend an Act entitled "An
Act granting to the several counties of Florida the right to
acquire airports and declaring the acquirement and operation
of airports to be a public and county purpose; granting power
to the several counties of Florida to acquire private property
for aeronautical purposes by eminent domain; declaring man-
ner of paying for such proeprty; granting authority to equip
and improve airports and to operate them and establish fees
and charges and to lease such ports or portions thereof; de-
claring manner of raising and expending funds for airport
operations; granting authority to acquire air rights, to zone
and regulate height of buildings and structures affecting air
travel; to acquire easements for marking purposes, to police
airports and to cancel lien of taxes on land so acquired and
to validate certain Acts." now Chapter 17708, Laws of 1937,
by amending Section 3 of said Chapter to permit the con-
demnation for aeronautical purposes by counties to be per-
formed in the same manner as provided for condemnation for
highway purposes, and to permit counties to make prelim-
inary entry upon lands to be condemned for purposes of mak-
ing necessary examinations and surveys.
Which was read the first time by its title and referred to the
Committee on Judiciary "B."
By Mr. Ray of Manatee-
House Bill No. 342:
A bill to be entitled An Act to cancel certain tax sale certi-
ficates and subsequent State and County taxes, and certain
tax liens of the City of Bradenton, Manatee County, Florida
against certain land in the City of Bradenton, Florida owned
and exclusively used by Kirby Stewart Post No. 24 American
Legion.
Which was read the first time by its title and referred to the
Committee on Finance & Taxation.
By Mr. Tomasello of Okeechobee-
House Bill No. 343:
A bill to be entitled An Act for the relief and compensation
of Eugene G. Allen, a citizen of Okeechobee County, Florida,
for the loss and wrongful death of his wife, Mary Allen.
Which was read the first time by its title and referredto tthe
Committee on Claims.
By Mr. Harrell of Hamilton--
House Bill No. 344:
A bill to be entitled An Act providing for the appropriation
and disposition of the proceeds derived from certain excise
taxes on the sale of gasoline levied and provided for under the
provisions of Chapter 15659, Acts of the Legislature of the
State of Florida at the regular session thereof in 1931; pre-
scribing the duties of certain officers with reference thereto;
and to declare all county roads in the several counties of
the State of Florida to be State Roads and to be a part of
the State Road System of the State of Florida to be known
and designated as minor State Roads, and to reimburse the
several counties for the same; to provide for the payment
to the counties respectively the estimated cost of such roads

and to provide for the maintenance and for the building
and maintaining of additional State Roads and bridges in
the several counties; to authorize the appointment and com-
pensation of additional Assistant State Auditors and to

April 13, 1939

JOURNAL OF THE HOUSE OF REPRESENTATIVES

JOURNAL OF THE HOUSE

authorize the respective Boards of County Commissioners
to use a part of the funds made available under this Act
for the discharge of outstanding obligations and to limit
the purposes for which the funds accruing hereunder may
be spent; and to authorize the Comptroller to correct any
errors and mistakes which may have heretofore been made
in proration to counties resulting in a county, or counties,
receiving less than it or they were under the law entitled
to receive.
Which was read the first time by its title and referred to
the Committee on Finance & Taxation.
By Mr. Sikes of Okaloosa-
House Bill No. 345:
A bill to be entitled An Act for the relief of R. H. Brown in
the matter of damage done to certain lands owned by him by
the building of highways and requiring the Florida State Road
Department to pay to the said R. H. Brown the sum of four
hundred dollars.
Which was read the first time -by its title and referred to
the Committee on Claims.
Mr. Harrell of Hamilton moved that the rules be waived and
when the House adjourn it adjourn until 11:00 o'clock Friday
morning, April 14.
Which was agreed to by a two-thirds vote.
Mr. Cooley moved that the House do now revert to the reg-
ular order of business.
Which was agreed to.
HOUSE BILLS OF GENERAL NATURE ON SECOND
READING:
House Bill No. 20:
A bill to be entitled An Act providing for nominations for
appointments to the offices of Circuit Judges by a political
party in a primary election and providing for the qualifying
of candidates therefore.
Was taken up.
Mr. Harrell of Hamilton moved that the rules be waived and
House Bill No. 20 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 20 was read a second time by its title.
Mr. Harrell of Hamilton moved that the rules be further
waived and House Bill No. 20 be read a third time in full and
placed upon its final passage.
Which was agreed toby a two-thirds vote.
And House Bill No. 20 was read a third time in full.
Upon call of the roll upon the passage of House Bill No. 20
the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Beasley,
Beck, Becton, Berry, Boatwright, Burks, Burwell, Butt, Clement,
Collins, Cooley, Cook, Crary, Dekle, Dishong, Douglas, Dukes,
Farabee, Fearnside, Finch, Folks, Frank, Fraser, Fuller, Getzen,
Gillespie, Griner, Harrell (Duval), Harrell (Hamilton), Harrell
(Indian River), Harris, Hodges, Holsberry, Holt, Howze, Inman,
Jenkins, Johnson (Gadsden), Johnson (Hernando), Lanier,
Leaird, Lehman, Leonardy, Lewis (Gulf), Malone, Marchant,
Martin (Hillsborough), Martin (Polk), Moore, Morrow, McCall,
McCarty, McLeod, Niblack, Outman, Overstreet, Papy, Peeples,
Pickels, Platt, Ray, Robinson, Scofield, Shave, Sheldon, Sikes,
Simpson, Sinclair, Slappey, Smith, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzky-
83.
Nays-Messrs. Ayers, Stewart, Strayhorn-3.
So House Bill No. 20 passed, title as stated.
And the same was ordered certified to the Senate.
And-
House Bill No. 120:
A bill to be entitled An Act providing for nomination for
appointment to the Office of Circuit Judge by political party
in a primary election and providing for the qualifying of can-
didates therefore.
Was taken up.
Mr. Harrell of Hamilton moved that House Bill No. 120 be
indefinitely postponed.
Which was agreed to.
And it was so ordered.
And-
House Bill No. 194.

A bill to be entitled An Act amending Section 5, of Chap-
ter 13761, Laws of Florida, Acts of 1929, entitled, "An Act

OF REPRESENTATIVES April 13, 1939

repealing Sections 370, 410, 412 of Compiled General Laws,
1927, being same as Sections 313, 353 and 355 of Revised
General Statutes, 1920, and amending Sections 356, 359, 361,
386, 387, 400, 401, 405, 406, 407, 408, 409, 411 and 421, Com-
piled General Laws of Florida, 1927, being Sections 300, 303,
305, 329, 330, 343, 344, 348, 349, 350, 351, 352, 354 and 364,
Revised General Statutes of Florida, 1920, relating to pri-
mary elections providing for a second primary election, abol-
ishing second choice voting, and relating to the qualification
of voters and the registration of voters, and other matters
in connection therewith," being Section 387, Compiled Gen-
eral Laws, 1927, by changing to forty-five days the time for
candidates for county offices to file their sworn statements
and receipts for committee assessments.
Was taken up.
Mr. Martin of Polk moved that the rules be waived and
House Bill No. 194 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 194 was read a second time by its title.
Mr. Martin of Polk moved that the rules be further waived
and House Bill No. 194 be read a third time in full and placed
upon its final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 194 was read a third time in full.
Upon call of the roll upon the passage of House Bill No. 194
the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beck, Becton, Berry, Boatwright, Burks, Bruns, Burwell,
Christie, Clement, Collins, Cooley, Cook, Crary, Dekle, Dishong,
Douglas, Drummond, Dukes, Farabee, Fearnside, Finch, Frank,
Fraser, Fuller, Getzen, Gillespie, Griner, Harrell (Duval),
Harrell (Hamilton), Harrell (Indian River), Harris, Hender-
son, Hodges, Holsberry, Holt, Howze, Inman, Jenkins, John-
son (Gadsden), Johnson (Hernando), Lanier, Leaird, Leedy,
Lehman, Leonardy, Lewis (Levy), Malone, Martin (Hillsbor-
ough), Martin (Polk), Moore, Morrow, McCall, McCarty,
Niblack, Outman, Overstreet, Peeples, Pickels, Platt, Robinson,
Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey, Smith,
Stewart, Stokes, Strayhorn, Sudduth, Surrency, Tomasello,
Turner, Versaggi, Warren, West, Whitehurst, Wotitzky.-84.
Nays-Messrs. Beasley, Butt, Folks, Ray.-4.
So House Bill No. 194 passed, title as stated.
And same was ordered certified to the Senate.
Mr. McCarty moved that the rules be waived and the time
of adjournment be extended until the place on the Calendar
"House Local Bills on Second Reading" is reached.
Which was agreed to by a two-thirds vote.
And-
House Bill No. 195.
A bill to be entitled An Act to amend Section 4, of Chap-
ter 13761, Laws of Florida, Acts of 1929, entitled, "An Act re-
pealing Sections 370, 410, 412 of Compiled General Laws, 1927,
being same as Sections 313, 353 and 355 of Revised General
Statutes, 1920, and amending Sections 356, 359, 361, 386, 387,
400, 401, 405, 406, 407, 408, 409, 411 and 421, Compiled Gen-
eral Laws of Florida, 1927, being Sections 300, 303, 305, 329,
330, 343, 344, 348, 349, 350, 351, 352, 354 and 364, Revised
General Statutes of Florida, 1920, relating to primary elec-
tions providing for a second primary election, abolishing sec-
ond choice voting and relating to the qualification of voters
and the registration of voters, and other matters in connec-
tion therewith," as amended by Chapter 16990, Laws of Flor-
ida, Acts of 1935, entitled, "An Act to amend Section 329 Re-
vised General Statutes as amended by Section 4 of Chapter
13761, Acts 1929, Laws of Florida, relating to time for pay-
ing fee and qualifying by candidates for State offices run-
ning in primary election," being Section 386, Compiled Gen-
eral Laws of 1927 (supplement), by changing to forty-five
days the time for candidates for State offices to file their
sworn statements and receipts for committee assessments.
Was taken up.
Mr. Martin of Polk moved that the rules be waived and
House Bill No. 195 be read a second time by its title only.
Which was agreed to by a two-thirds vote.

And House Bill No. 195 was read a second time by its title.
The Committee on Elections offered the following amend-
ment to House Bill No. 195:
In Section 4, line 1 Typewritten bill after the word "nomina-
tion" insert the following: "except Supreme Court Justices

JOURNAL OF THE HOUSE

and any other class of officers, which may hereafter be pro-
vided for"
Mr. Holt moved the adoption of the amendment.
Pending the adoption of the amendment.
Mr. Martin of Polk offered the following substitute amend-
ment to House Bill 195:
In Section 4, line 1, after the word nomination insert the
following: except justices of the Supreme Court and any other
Class of officers expressly provided for by law.
Mr. Martin moved the adoption of the substitute amend-
ment.
Which was agreed to.
And the substitute amendment was adopted.
Mr. Martin ot Polk moved that the rules be waived and
House Bill No. 195, as amended, be read a third time in full
and placed upon its final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 195, as amended, was read a third time
in full.
Upon call of the roll on the passage of House Bill No. 195
as amended the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ayers, Beasley,
Beck, Becton, Boatwright, Bruns, Burwell, Christie, Clement,
Collins, Cooley, Crary, Dekle, Dishong, Douglas, Drummond,
Dukes, Farabee, Fearnside, Finch, Folks, Frank, Fraser, Fuller,
Getzen, Griner, Harrell (Duval), Harrell (Indian River), Har-
ris, Henderson, Hodges, Holsberry, Holt, Howze, Jenkins, John-
son (Gadsden), Johnson (Hernando), Lanier, Leaird, Leedy,
Lehman, Leonardy, Lewis (Levy), Malone, Marchant, Martin
(Hillsborough), Martin (Polk), Moore, Morrow, McCall, Mc-
Carty, McLeod, Niblack, Outman, Papy, Peeples, Pickels, Platt,
Robinson, Shave, Sheldon, Sikes, Simpson, Sinclair, Slappey,
Smith, Stewart, Stokes, Strayhorn, Sudduth, Surrency, Toma-
sello, Turner, Versaggi, Warren, West, Whitehurst, Wotitzky
-81.
Nays-None.
So House Bill No. 195 passed, as amended.
And the same was ordered referred to the Committee on
Engrossed Bills.
And-
House Bill No. 155.
A bill to be entitled An Act fixing the time for opening
and closing the polls in primary, general and special elec-
tions in the State of Florida and repealing Section 309 Com-
piled General Laws of Florida, 1927, being Section 253 of
the revised General Statutes of Florida, 1920.
Was taken up.
Mr. Outman moved that the rules be waived and House Bill
No. 155 be read a second time by its title only.
Which was agreed to by a two-thirds vote.
And House Bill No. 155 was read a second time by its title.
Mr. Outman moved that the rules be further waived and
House Bill No. 155 be read a third time in full and placed
upon its final passage.
Which was agreed to by a two-thirds vote.
And House Bill No. 155 was read a third time in full.
Upon call of the roll upon the passage of House Bill No.
155 the vote was:
Yeas-Mr. Speaker; Messrs. Adams, Allen, Ange, Ayers,
Beasley, Beck, Becton, Berry, Boatwright, Bruns, Burwell, Butt,
Clement, Collins, Cooley, Dekle, Dishong, Douglas, Drummond,
Dukes, Farabee, Fearnside, Finch, Folks, Frank, Fraser, Fuller,
Getzen, Gillespie, Harrell (Duval), Harrell (Hamilton), Har-
rell (Indian River), Harris, Henderson, Hodges, Holsberry,
Holt, Howze, Jenkins, Johnson (Hernando), Lanier, Leaird, Lee-
dy, Lehman, Leonardy, Lewis (Levy), Malone Marchant, Martin
(Hillsborough), Martin (Polk), Moore, Morrow, McCall, Mc-
Carty, McLeod, Niblack, Outman, Overstreet, Papy, Peeples,
Pickels, Platt, Ray, Robinson, Shave, Sheldon, Sikes, Simpson,
Sinclair, Slappey, Smith, Stewart, Stokes, Strayhorn, Sudduth,
Surrency, Tomasello, Turner, Versaggi, Warren, West, White-
hurst, Wotitzky-84.
Nays-None.
So House Bill No. 155 passed, title as stated.
And the same was ordered certified to the Senate.
COMMITTEE REPORTS

Mr. Holt, Chairman of the Committee on Elections, sub-
mitted the following report:

April 13, 1939

Resolution and recommends that it do pass:
House Joint Resolution No. 127:
A Joint Resolution proposing to amend Section 2 of Article
III of the Constitution of the State of Florida relating to the
Legislative Department.

OF REPRESENTATIVES 93

House of Representatives
Tallahassee, Fla., April 11th, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Elections, reports that the Committee
has considered the following bill and recommends that it do
pass as amended:
House Bill No. 195:
A bill to be entitled An Act to amend Section 4 of Chapter
13761, Laws of Florida, Acts of 1929, entitled, "An Act re-
pealing Sections 370, 410, 412, of Compiled General Laws, 1927,
being same as Sections 313, 353, and 355 of Revised General
Statutes, 1920, and amending Sections 356, 359, 361, 386, 387,
400, 401, 405, 406, 407, 408, 409, 411 and 421, Compiled Gen-
eral Laws of Florida, 1927, being Sections 300, 303, 305, 329,
330, 343, 344, 348, 349, 350, 351, 352, 354, and 364, Revised
General Statutes of Florida, 1920, relating to primary elections
providing for a second primary election, abolishing second
choice voting and relating to the qualification of voters and
the registration of voters, and other matters in connection
therewith," as amended by Chapter 16990, Laws of Florida,
Acts of 1935, etc.
And offers the following amendment:
Amendment No. 1;
"In Section 4, line 1, Typewritten bill, after the word "nomi-
nation" insert the following: "except Supreme Court Justices
and any other class of officers, which may hereafter be pro-
vided for."
Committee vote was as follows:
Yeas-Messrs. Adams, Cooley, Farabee, Gillespie, Holsberry,
Lehman, Moore, Outman and Holt.
Nays-None.
Absent-Messrs. Harrell (Hamilton) and Smith.
Very respectfully,
GEORGE E. HOLT,
Chairman of Committee.
And House Bill No. 195, contained in the above report to-
gether with Committee Amendment thereto, was placed on
the Calendar of Bills on second reading.
Mr. Outman, Chairman of the Committee on Constitutional
Amendments, submitted the following report:
House of Representatives
Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Constitutional Amendments, reports
that the Commnittee has considered the following House Joint
Resolution and recommends that it do pass:
House Joint Resolution No. 200:
A Joint Resolution proposing to amend Section 19 of Article
IV of the Constitution of the State of Florida relating to the
succession to the office of Governor.
Committee vote was as follows:
Yeas-Messrs. Burwell, Dishong, Harrell (Duval), Jenkins,
Leedy, Platt, Surrency, Lanier and Outman.
Nays-None.
Absent-Messrs. Collins, Harrell (Hamilton), Marchant and
Overstreet.
Very respectfully,
W. D. OUTMAN,
Chairman of Committee.
And House Joint Resolution No. 200, contained in the above
report, was placed on the Calendar of Bills on second reading.
Mr. Outman, Chairman of the Committee on Constitutional
Amendments, submitted the following report:
House of Representatives
Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Constitutional Amendments, reports
that the Committee has considered the following House Joint

94 JOURNAL OF THE HOUSI

Committee vote was as follows:
Yeas-Messrs. Burwell, Collins, Dishong, Harrell (Duval),
Harrell (Hamilton), Jenkins, Leedy, Marchant, Platt, Surrency,
Lanier and Outman.
Nays-None.
Absent-Mr. Overstreet.
Very respectfully,
W. D. OUTMAN,
Chairman of Committee.
And House Joint Resolution No. 127, contained in the above
report, was placed on the Calendar of Bills on second reading.
Mr. Outman, Chairman of the Committee on Constitutional
Amendments, submitted the following report:
House of Representatives
Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Constitutional Amendments, reports
that the Committee has considered the following House Joint
Resolution and recommends that it do pass as amended:
House Joint Resolution No. 54:
A Joint Resolution proposing an amendment to Section 2
and to Section 4 of Article V of the Constitution of Florida
relating to the Judiciary Department.
And offers the following amendment:
Amendment No. 1:
"In Section 2, paragraph c, line 2, strike out the words,
"shall not take effect until ninety days thereafter and it."
Committee vote was as follows:
Yeas-Messrs. Burwell, Collins, Dishong, Harrell (Duval),
Harrell (Hamilton), Jenkins, Leedy, Marchant, Platt, Surrency,
Lanier and Outman.
Nays-None.
Absent-Mr. Overstreet.
Very respectfully,
W. D. OUTMAN,
Chairman of Committee.
And House Joint Resolution No. 54, contained in the above
report, together with Committee Amendment thereto, was
placed on the Calendar of Bills on second reading.
Mr. Harrell, Chairman of the Committee on Finance and
Taxation, submitted the following report:
House of Representatives
Tallahassee, Fla., April 13, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representativesj
Sir:
Your Committee on Finance and Taxation reports that the
Committee has considered the following bill and recommends
that it do pass:
House Bill No. 206:
A bill to be entitled An Act relating to the cancellation of
certain tax certificates of the State of Florida.
Committee vote was as follows:
Yeas-Messrs. Burks, Crary, Drummond, Dishong, Finch,
Harrell (Duval), Lanier, Leedy, Malone, Outman, Overstreet,
Ray, Robinson, Shave, Smith, Stewart, Surrency and Harrell
(Hamilton).
Nays-None.
Absent-Messrs. Allen, Dekle and Sinclair.
Very respectfully,
F. B. HARRELL,
Chairman of Committee.
And House Bill No. 206, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Harrell, Chairman of the Committee on Finance and
Taxation, submitted the following report:
House of Representatives
Tallahassee, Fla., April 13, 1939

Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Finance and Taxation reports that the
Committee has considered the following bill and recommends
that it do pass:

House Bill No. 180:
A bill to be entitled An Act for the promotion and encour-
agement of water craft industry; exempting pleasure yachts
and boats of non-resident ownership which are enrolled, regis-
tered or licensed at ports in States or Countries other than
the State of Florida, from personal property tax and repealing
all laws in conflict herewith.
Committee vote was as follows:
Yeas-Messrs. Crary, Drummond, Dishong, Finch, Harrell
(Duval), Leedy, Malone, Outman, Ray, Robinson, Shave, Over-
street and Harrell (Hamilton).
Nays-Messrs. Burks, Lanier, Smith, Stewart and Surrency.
Absent-Messrs. Allen, Dekle and Sinclair.
Very respectfully,
F. B. HARRELL,
Chairman of Committee.
And House Bill No. 180, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Harrell, Chairman of the Committee on Finance and
Taxation, submitted the following report:
House of Representatives
Tallahassee, Fla., April 13, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Finance and Taxation reports that the
Committee has considered the following bill and recommends
that it do pass:
House Bill No., 167.
A bill to be entitled An Act regulating the allowance of
exemptions for household goods and personal effects of legal
residents of the State of Florida and to the head of a fam-
ily residing in this State, excepting household goods and
personal effects used for commercial purposes and fixing the
amount of such exemptions and prescribing the duties of
county and city officers and taxpayers with reference thereto.
Committee vote was as follows:
Yeas-Messrs. Burks, Crary, Drummond, Dishong, Finch,
Harrell (Duval), Lanier, Leedy, Malone, Outman, Ray, Robin-
son, Shave, Smith, Surrency, Overstreet and Harrell (Hamil-
ton).
Nays-None.
Not Voting-Mr. Stewart.
Absent-Messrs. Allen, Dekle and Sinclair.
Very respectfully,
F. B. HARRELL,
Chairman of Committee.
And House Bill No. 167, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Cook, Chairman of the Committee on Claims, submitted
the following report:
House of Representatives
Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Claims reports that the Committee has
considered the following bill and recommends it do pass as
amended:
House Bill No. 66:
A bill to be entitled An Act for the relief of Elego Vasiliou
Johns.
SAmendment No. 1:
In Section 1, Lines 1 and 2, strike out the figures "Fifteen
Thousand ($15,000.00) Dollars" and insert the following fig-
ures: "Five Thousand ($5,000.00) Dollars".
Amendment No. 2:
In Section 2, Line 3, strike out the figures "Fifteen Thousand
($15,000.00) Dollars" and insert the flolowing figures: "Five
Thousand ($5,000.00) Dollars".
Committee vote was as follows:
Yeas-Messrs. Clement, Griner, Lewis, Peeples, Pickels,
Stewart, Whitehurst, Ange and Cook.

JOURNAL OF THE HOUSE

And House Bill No. 66, contained in the above report, to-
gether with Committee Amendment thereto, was placed on
the Calendar of Bills on second reading.
Mr. Dekle, Chairman of the Committee on Judiciary "A,"
submitted the following report:
House of Representatives
Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives.
Sir:
Your Committee on Judiciary "A" reports that the Com-
mittee has considered the following bill and recommends that
it do pass:
House Bill No. 245:
A bill to be entitled An Act to regulate the purchase in cer-
tain counties of wages, salaries or other compensation for
services and the taking of assignments thereof where the con-
sideration for the purchase or assignment shall be $300 or
less, and to provide that such transactions shall, in the appli-
cation of law relating to loans, interest charges or usury, in
such counties, be deemed loans secured by such assignments
and the amount by which such assigned compensation shall
exceed the amount of the consideration actually paid therefore
shall, in such application of such laws, be deemed interest on
the loan from the date of payment for such purchase or as-
signment until the date such compensation is payable.
Committee vote was as follows:
Yeas-Messrs. Cooley, Clement, Drummond, Finch, Harrell,
Lanier, Malone, Marchant and Morrow.
Nays-None.
Absent-Messrs. Butt, Collins, Christie, Lewis, Lindsey and
Dekle.
Very respectfully,
SETH DEKLE,
Chairman of Committee.
And House Bill No. 245, contained in the above report, to-
gether with Committee Amendments thereto, was placed on
the Calendar of Bills o'n Second reading.
Mr. Cook, Chairman of the Committee on Claims, submitted
the following report:
House of Representatives
Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Claims reports that the Committee has
considered the following bill and recommends it do pass as
amended:
House Bill No. 67:
A bill to be entitled An Act for the relief of Olga Andrea
Christodoulou.
Amendment No. 1:
In Section 1, lines 1 and 2, strike out the figures "Fifteen
Thousand ($15,000.00) Dollars" and insert the following fig-
ures: "Five Thousand ($5,000.00) Dollars".
Amendment No. 2:
In Section 2, Line 3, strike out the figures "Fifteen Thousand
($15,000.00) Dollars" and insert the following figures: "Five
Thousand ($5,000.00) Dollars".
Committee vote was as follows:
Yeas-Messrs. Clement, Griner, Lewis, Peeples, Pickels,
Stewart, Whitehurst, Ange and Cook.
Nays-None.
Absent-Messrs. Boatwright, Johnson (Hernando), Douglas
and Shave.
Very respectfully,
H. T. COOK,
Chairman of Committee.
And House Bill No. 67, contained in the above report, to-
gether with Committee Amendments thereto, was placed on
the Calendar of Bills on second reading.
Mr. Cook, Chairman of the Committee on Claims, submitted
the following report:
House of Representatives

Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Claims reports that the Committee has

April 13, 1939

"Your Committee on Canals and Drainage reports that the
Committee has considered the following bill and recommends
that it do pass:
House Bill No. 251:
A bill to be entitled An Act to create the Everglades Fire
Control District; to appoint a commission for the Everglades
Fire Control District and vesting in the commission the power

OF REPRESENTATIVES 95

considered the following bill and recommends it do pass as
amended:
House Bill No. 19:
A bill to be entitled An Act for the relief of Angelina Sa-
markos.
Amendment No. 1:
In Section 1, lines 1 and 2, strike out the figures "Fifteen
Thousand ($15,000.00) Dollars" and insert the following fig-
ures: "Five Thousand ($5,000.00) Dollars".
Amendment No. 2:
In Section 2, Line 3, strike out the figures "Fifteen Thousand
($15,000.00) Dollars" and insert the following figures: "Five
Thousand ($5,000.00) Dollars".
Committee vote was as follows:
Yeas-Messrs. Clement, Griner, Lewis, Peeples, Pickels,
Stewart, Whitehurst and Cook.
Nay-Mr. Ange.
Absent-Messrs. Boatwright, Johnson (Hernando), Douglas
and Shave.
Very respectfully,
H. T. COOK,
Chairman of Committee.
And House Bill No. 19, contained i'n the above report, to-
gether with Committee Amendments thereto, was placed on
the Calendar of Bills on second reading.
Mr. Dekle, Chairman of the Committee on Judiciary "A",
submitted the following report:
House of Representatives
Tallahassee, Fla., April 12, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Committee on Judiciary "A" reports that the Com-
mittee has considered the following bill and recommends-that
it do pass, as amended:
House Bill No. 10:
A bill to be entitled An Act relating to cross-claims in tort
actions, to prescribe the procedure in reference thereto, and
the consolidation of separate actions, the effect of judgments
in causes wherein such cross-claims may or might have been
filed, and to repeal conflicting legislation.
Amendment No. 1-
In Section 5, line 1, strike out the word "Or", and insert
after the words "County Judge's" in line 2 of said Section 5,
the words "or County."
Amendment No. 2-
In Section 5, line 5, strike out the word "or", insert a
comma; and insert after the words "County Judge's", the
words "or County."
Committee vote was as follows:
Yeas-Messrs. Butt, Cooley, Clement, Drummond, Finch,
Harrell (Hamilton), Lanier, Malone, Marchant, Morrow and
Dekle.
Nays-None.
Absent-Messrs. Collins, Christie, Lewis, and Lindsey.
Very Respectfully,
SETH DEKLE,
Chairman of Committee.
And House Bill No. 10, contained in the above report, to-
gether with Committee Amendments thereto, was placed on
the Calendar of Bills on second reading.
Mr. Platt, Chairman of the Committee on Canals and
Drainage, submitted the following report:
House of Representatives
Tallahassee, Fla., April 13, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:

JOURNAL OF THE HOUSE

to appoint a chief fire warden and to fix the salary to be
paid the said chief; to empower the chief, with the consent
of the commission; to appoint a fire warden for each county
in which any part of the Fire Control District lies, and to
fix the salaries; to provide for the election and terms of the
commissioners, and to provide the manner in which a vacancy
in any office of a commissioner may be filled, and to fix their
compensation; to make it unlawful to set and/or start fires
in the district; fixing responsibility for fires and requiring
the extinguishment of same; regulating the accumulation of
brush heaps and other inflammable material and vesting the
chief of the Fire Control District and each county fire war-
den appointed under the provisions of this Act with police
powers with reference thereto; to authorize the chief of the
Fire Control District, with the consent of the commissioners,
to purchase material for abating and preventing fires; to au-
thorize the chief of the Fire Control District to adopt and
promulgate, wth the approval of the commissioners, rules and
regulations with reference to fires; to provide for rewards
and to prescribe penalties and punishment for violation of
this Act and to make an appropriation for the payment of
salaries and other expense incident to fire control in the
district, and to authorize the chief of the Fire Control Dis-
trict, with the consent of the commissioners, to employ the
State convicts at the prison farm located near or at Belle
Glade, Florida, in fire prevention and control in said district,
and further provide that the commissioners be authorized
to procure such additional funds from any department of
the Federal government that they may be able to procure
the same from, which may be further designated and/or
allocated to this State for the purpose of fire prevention and
control and/or flood control or for any like purpose, and
cause the same to be deposited in the State Treasury in the
State of Florida to the credit of the Everglades Fire Control
District Fund.
Committee vote was as follows:
Yeas-Messrs. Beck, Cook, Frank, Leaird, Peeples, Smith,
Stewart, Versaggi and Platt.
Nays-None.
Absent: Messrs. Christie, Lindsey, Douglas and Scofield.
Very Respectfully,
W. Z. PLATT,
Chairman of Committee.
And House Bill No. 251, contained in the above report, was
placed on the Calendar of Bills on second reading.
Mr. Lewis (Gulf), Chairman of the Committee on Appro-
priations, submitted the following report:
House of Representatives
Tallahassee, Fla., April 13, 1939
Honorable G. Pierce Wood,
Speaker of'the House of Representatives,
Sir:
Your Committee on Appropriations reports that the Com-
mittee has considered the following bill and recommends that
it do pass:
House Bill No. 241:
A bill to be entitled An Act appropriating moneys for the
use and benefit of the Florida National Exhibits, Inc. in con-
nection with the establishment and maintenance of the Flor-
ida exhibit at the New York World Fair.
Committee vote was as follows:
Yeas--Messrs. Ange, Clement, Cooley, Hodges, Holsberry,
Holt, Jenkins, Lehman, McCall, McCarty, Martin, Moore,
Morrow, Sheldon, Lewis, Sudduth, Tomasello, Turner, War-
ren and West.
Nays-None.
Absent-Mr. Scales.
Very Respectfully,
E. CLAY LEWIS JR.,
Chairman of Committee.
And H. B. No. 241, contained in the above report, was placed
on the Calendar of Bills on Second reading.
REPORT OF JOINT COMMITTEE ON ENROLLED BILLS
Mr. Fearnside of Putnam, Chairman of the Joint Commit-

tee on Enrolled Bills on the Part of the House of Represen-
tatives, submitted the following report:

OF REPRESENTATIVES April 13, 1939

House of Representatives
Tallahassee, April 13, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
House Memorial No. 2:
Memorializing the President and Congress of the United
States to increase the sugar quota allotment for Florida.
Have carefully examined same, and find same correctly en-
rolled and herewith present the same for the signatures of
the Speaker and Chief Clerk of the House of Representatives.
Very Respectfully,
H. M. PEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
The Memorial contained in the above report was there-
upon duly signed by the Speaker and the Chief Clerk of the
House of Representatives in open session, and ordered re-
ferred to the Chairman of the Committee on Enrolled Bills
on the part of the House of Representatives to be conveyed
to the Senate for the signatures of the President and Secre-
tary thereof.
Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Represen-
tatives, submitted the following report:
House of Representatives
Tallahassee, Fla., April 11, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was
referred:
Senate Concurrent Resolution No. 1:
Senate Concurrent Resolution advising the Governor that
the Legislature by his request will assemble in the Chamber
of the House of Representatives for the purpose of receiving
his Excellency's message in joint assembly.
Senate Concurrent Resolution No. 2:
Senate Concurrent Resolution inviting President Franklin
D. Roosevelt to address the Legislature upon such subject as
he may select, and at such time, as he may designate.
Senate Concurrent Resolution No. 3:
Senate Concurrent Resolution granting to the ladies of the
American Legion Auxiliary at Tallahassee, Florida the privi-
lege of conducting a cold drink stand in the lobby of the
Capitol during the duration of the 1939 session of Legislature.
Beg leave to report that the same have this day been pre-
sented to the Governor for his approval.
Very Respectfully,
H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.
Mr. Fearnside of Putnam, Chairman of the Joint Commit-
tee on Enrolled Bills on the Part of the House of Represen-
tatives, submitted the following report:
House of Representatives
Tallahassee, Fla., April 13, 1939
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
Sir:
Your Joint Committee on Enrolled Bills, to whom was re-
ferred:
House Memorial No. 2:
Memorializing the President and Congress of the United
States to increase the Sugar Quota Allotment for Florida.
Beg leave to report that the same has this day been pre-
sented to the Governor for his approval.
Very respectfully,

H. M. FEARNSIDE,
Chairman of the Joint Committee on Enrolled Bills
on the Part of the House of Representatives.

Mr. Moore, Chairman of the Committee on Public Health,
submitted the following report:

House of Representatives,
Tallahassee, Fla., April 13, 1939.
Honorable G. Pierce Wood,
Speaker of the House of Representatives,
"Sir:
Your Committee on Public Health reports that the Com-
mittee has considered the following bill and recommends that
it do pass, as amended:
House Bill No. 122.
A bill to be entitled An Act to define and regulate the prac-
tice of optometry and declaring the same to be a profession:
To provide for a board of examiners, its duties, powers, ap-
pointments and salaries, and for the examination, qualifica-
tion and fee of applicants for the practice of optometry: To
provide for the issuance and revocation of certificates and
registration of licensed practitioners of optometry and pro-
viding for the recordation of such certificates: Exempting
registered optometrist from jury duty and making their ser-
vices available on a parity with those of any other profession
performing similar service: Optometrists to give expert tes-
timony relative to the diagnosis of the human eye and its
appendages of any visual, muscular, neurological or anatomic
anomolies of the human eyes and their appendages: Pro-
hibiting the unethical or unprofessional practice and sale of
eye-glasses, spectacles and lenses: And prohibiting unethical
or unprofessional conduct and prescribing the manner of en-
forcing the provisions of this Act, and fixing the penalties
for the violation of the terms and provisions thereof.
Amendment No. 1:
Insert Section 21A to read as follows: Section 21A. Nothing
in this Act shall be construed to limit the jurisdiction of the

97

Circuit Courts of this State to require a reasonable and proper
enforcement hereof.
Amendment No. 2:
In Section 1, line 6, strike out the word "Anomolies" and in-
sert the following: "Anomalies"
Amendment No. 3:
In Title, line 14, strike out the word "Anomolies" and in-
sert the following: "Anomalies".
Amendment No. 4:
In Title, line 13, strike out the words "Neorological or an-
tomic" and insert the following: "Neurological or anatomic".
Committee vote was as follows:
Yeas-Messrs. Harrell, Farabee, Fearnside, Gillespie, Holt,
Leedy, Martin, Simpson, Slappey, Wotitzky, Tomasello and
Moore.
Nays-None.
Absent-Messrs. Cooley, Finch, Fuller, Smith and Stokes.
Very respectfully,
W. T. MOORE,
Chairman of Committee.
And House Bill No. 122, contained in the above report, to-
gether with Committee Amendments thereto, was placed on
the Calendar of Bills on second reading.
Mr. Sikes moved that the House do now adjourn.
Which was agreed to.
Thereupon at the hour of 1:14 o'clock P. M. the House
stood adjourned until 11:00 o'clock A. M. Friday, April 14, 1939.